PC Res 3800
RESOLUTION NO. 3800
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING A CONDITIONAL USE PERMIT
(PLN2007-04) TO ALLOW THE ESTABLISHMENT OF A DAY SPA IN
AN EXISTING SHOPPING CENTER (PRUNEYARD) OWNED BY CA
PRUNEYARD LIMITED PARTNERSHIP LOCATED AT 1875 S.
BASCOM AVENUE, UNIT 600 IN A C-2-S (GENERAL
COMMERCIAL) ZONING DISTRICT. APPLICATION OF McKIM
DESIGN GROUP, ON BEHALF OF LOS GATOS DAY SPA. FILE
NO: PLN2007 -04.
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 PLN2007 -04.
1. The proposed day spa is consistent with the General Commercial General Plan land
use designation.
2. The proposed day spa will be compatible with the C-2 (General Commercial) zoning
designation with approval of a Conditional Use Permit.
3. The project site consists of a 6,565 square foot day spa (Los Gatos Day Spa) in an
existing multi-tenant commercial building (pruneyard).
4. The project site is located on the west side of S. Bascom Avenue, in the Pruneyard
shopping center, between Campisi Way and East Campbell Avenue. The property
is surrounded by residential and mixed-use residential/ commercial to the north,
commercial uses to the east and south and the Hwy 17/ Los Gatos Creek Trail to the
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 day spa.
7. The hours of business shall be restricted to 9:00 a.m. to 9:00 p.m. Monday through
Saturday, 9:00 a.m. to 7:00 p.m. on Sunday.
8. The hours of operation shall be restricted to 8:00 a.m. to 10:00 p.m. Monday through
Saturday, and 8:00 a.m. to 8:00 p.m. on Sunday.
9. The project qualifies as a Categorically Exempt project per Section 15301, Class 1
(Existing Facilities) of the California Environmental Quality Act (CEQA).
Planning Commission Resolution No. 3800
PLN2007-04 - 1875 S. Bascom Avenue - Use Permit - LG Day Spa
Page 2
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.
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.
There is a reasonable relationship and a rough proportionality between the conditions
of approval and the impacts of the project.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a permanent
Administrative Planned Development Permit (PLN2006-56) to allow the continued use
of commercial buildings as a church and related support facilities on property owned by
Home Church located at 1711-1799 S. Winchester Boulevard in a P-D (Planned
Development) 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
Planning Commission Resolution No. 3800
PLN2007-04 - 1875 S. Bascom Avenue - Use Permit - LG Day Spa
Page 3
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
1. Approved Project: Approval is granted for a Conditional Use Permit (PLN2007 -04) .
to allow the establishment of a day spa (Los Gatos Day Spa) located at 1875 S.
Bascom Avenue, Unit 600, in the Pruneyard Shopping Center. The project shall
substantially conform to the project plans and project description received by the
Planning Division on January 12, 2007, 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. 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.
4. Business Hours: The hours of business shall be restricted to 9:00 a.m. to 9:00 p.m.
Monday through Saturday, 9:00 a.m. to 7:00 p.m. on Sunday.
5. Operational Hours: The hours of operation shall be restricted to 8:00 a.m. to 10:00
p.m. Monday through Saturday, and 8:00 a.m. to 8:00 p.m. on Sunday. The closing
time shall mean the business is closed and all employees have exited the building.
6. Propertv 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. SiQnaQe: 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. LoiterinQ: There shall be no loitering allowed outside the business in the rear
parking lot or the side parking lot areas. The business owner is responsible for
monitoring the premises to prevent loitering.
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9. Location of Mechanical Eauipment: No roof-mounted mechanical equipment (Le. air
conditioning units, ventilation ducts or vents), shall be added to the existing building
without providing screening of the mechanical equipment from public view and
surrounding properties. The screening material and method shall be architecturally
compatible with the building and requires review and approval by the Community
Development Director and Building Division prior to installation of such screening.
10. Outdoor StoraQe: 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.
11. 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. Public address systems of all
types are strictly prohibited.
b. Noise Management: 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 Rear Doors: The front and side doors to the business shall not remain
in an open position during business hours.
12. 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 8:00
a.m. to 10:00 p.m. Monday through Saturday, and 8:00 a.m. to 8:00 p.m. on Sunday.
13. ParkinQ 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.
Building Division:
14. Permits Reauired: A building permit application shall be required for the proposed
change in use in an existing commercial structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
15. Construction Plans: The conditions of approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
16. Size of Plans: The size of construction plans submitted for building permits shall be
24 inches by 36 inches.
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PLN2007 -04 - 1875 S. Bascom Ayenue - Use Permit - LG Day Spa
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17. 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.
18. Site Plan: Application for building permit shall include a competent site plan that
identifies property and proposed structures with dimensions and elevations as
appropriate. The site plan shall also include site drainage details, site address, and
parcel numbers. Site parking and path of travel to public sidewalks shall be detailed.
19. Title 24 EnerQY 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.
20. 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.
21. Non-Point Source: 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.
22. 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.
23. Title 24 Accessibility - 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.
24. Approvals Required: 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
25. 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.
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Fire Department:
26. Required Fire Flow: The fire flow for this project is 2250 gpm at 20 psi residual
pressure. As an automatic fire sprinkler system will be installed, the fire flow has
been reduced by 50% establishing a required adjusted fire flow of 1125 gpm at 20
psi residual pressure. The adjusted fire flow is available from area water mains and
fire hydrant(s) which are spaced at the required spacing.
27. Automatic Fire Sprinkler System Required: Buildings requiring a fire flow in excess
of 2,000 gpm, or in excess of two stories or 35 feet in height, shall be equipped
throughout with an automatic fire sprinkler system hydraulically designed per
National Fire Protection Association (NFPA) Standard #13.
28. Fire Department Kev Box Required: The building shall be equipped with a
permanently installed emergency access key lock box (Knox), conforming to Fire
Department Standard Detail and Specification sheet K-1. At time of final inspection,
access keys shall be provided to the fire department.
29. Premises Identification: Approved numbers or addresses shall be placed on all new
and existing buildings in such a position as to be plainly visible and legible from the
street or road fronting the property. Numbers shall contrast with their background.
Police Department:
30. Massaae Establishment Permit: Los Gatos Day Spa will need to acquire a Massage
Establishment Permit. Instructions are available on the Police Department's website. All
employees of Los Gatos Day Spa, who will be practicing Massage Therapists, will need to
go through the background and testing process to be able to obtain a Massage Therapist
Permit. Instructions to complete this process are also available on the website.
PASSED AND ADOPTED this 13th day of March, 2007, by the following roll call vote:
AYES:
Commissioners:
Alderete, Doorley,
and Roseberry
None
None
None
Ebner, Francois, Gibbons, Rocha
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
APPROVED: /I}! ~ I!t$.
Michael Rocha, Chair
ATTEST:
Secretary