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PC Res 3816 RESOLUTION NO. 3816 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2007-83) TO ALLOW THE ESTABLISHMENT OF A TANNING STUDIO ON PROPERTY OWNED BY TWO-FORTY ASSOCIATES LOCATED AT 330 E. HAMILTON AVENUE, UNIT 4, IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF MS. BESS WIERSEMA, ON BEHALF OF HOLLYWOOD TAN. FILE NO.: PLN2007-83. 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 -83. 1. The proposed tanning studio is consistent with the General Commercial General Plan land use designation. 2. The proposed tanning studio 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 2,005 square foot tanning studio in an existing multi-tenant commercial building. 4. The project site is 1.40 acres and is located on the south side of East Hamilton Avenue between Third Street and North Central Avenue. The property is surrounded by restaurant and commercial uses to the north, condominiums to the south and offices to the east and west. 5. The proposed project is consistent with other developments and uses in the surrounding area. 6. No exterior modifications to the existing building are proposed in conjunction with the proposed day spa. 7. The hours of operation for the business shall be restricted to 9:00 a.m. to 9:00 p.m., Sunday through Saturday. The business related activity hours of operation for the building are from 7:00 a.m. to 11 :00 p.m., Sunday through Saturday. 8. 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: 1. The proposed project is consistent with the General Plan. Planning Commission Resolution No. 3816 PLN2007-83 - 330 E. Hamilton Avenue, Unit 4 - Use Permit - Hollywood Tan Page 2 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. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2007-83) to allow the establishment of a tanning studio on property owned by Two-Forty Associates located at 330 E. Hamilton Avenue, Unit 4, in a C-2-S (General Commercial) 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. Planning Commission Resolution No. 3816 PLN2007-83 - 330 E. Hamilton Avenue, Unit 4 - Use Permit - Hollywood Tan Page 3 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 1. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning Commission approval, the applicant shall sign the final, approved set of Conditions of Approval. Until said Conditions are signed, the proposed Use Permit shall not be valid for any permits sought from the City. 2. Approved Proiect: Approval is granted for a Conditional Use Permit (PLN2007-83) to allow the establishment of a tanning studio (Hollywood Tan) located at 330 E. Hamilton Avenue, Unit #4. The project shall substantially conform to the project plans and project description received by the Planning Division on May 21, 2007, except as may be modified by the conditions of approval contained herein.* * Planning sign off is required to prior to Building Permit final. Construction not in substantial compliance with the approved project plans shall not be approved without prior authorization of the necessary approving body. 3. 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. 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 Hours: Business related activity shall be restricted to 7:00 a.m. to 11 :00 p.m., Sunday through Saturday. The proposed hours of operation are 9:00 a.m. to 9:00 p.m., Sunday through Saturday. Business related activity includes employee arrival on site and any preparation or clean-up. Personnel associated with the business shall not arrive before 7:00 a.m. or remain on site after 11 :00 p.m. 6. Property 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 and the approved Master Sign Program. Planning Commission Resolution No. 3816 PLN2007-83 - 330 E. Hamilton Avenue, Unit 4 - Use Permit - Hollywood Tan Page 4 8. Loiterino: 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. 9. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. 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 Storaoe: No outdoor storage or overnight parking 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 Manaqement: 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 rear 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 7:00 a.m. to 11 :00 p.m. including any site maintenance. Dumping of trash, particularly recyclables shall not occur after 6 p.m. 13. On-Site Liqhtino: On-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director prior to installation of the lighting for compliance with all applicable Conditions of Approval, ordinances, laws and regulations. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy saving features. 14. Construction Activities: The applicant shall abide by the following requirements during construction: Planning Commission Resolution No. 3816 PLN2007-83 - 330 E. Hamilton Avenue, Unit 4 - Use Permit - Hollywood Tan Page 5 a. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. b. Truck routes to and from the construction site should be established and submitted to the City for review and approval prior to issuance of a building permit. These truck routes shall avoid access to the project site via residential streets where possible. c. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. d. Unnecessary idling of internal combustion engines shall be strictly prohibited. e. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise-sensitive receptors such as existing residences and businesses. f. Prior to the issuance of building permits, the project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street so that the contractor can be made aware of noise complaints. g. Construction equipment, vehicles, and workers associated with the development of the project shall not be permitted to park on any residential streets. 15. 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. PASSED AND ADOPTED this 12th day of June, 2007, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Doorley, Ebner, Francois, Rocha and Roseberry ~::ns /11di! It/: APPROVED: Michael Rocha, Chair ATTEST: J