PC Res 3243RESOLUTION NO. 3243
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING OF A MODIFICATION (M 99-10)
TO A PREVIOUSLY-APPROVED CONDITIONAL USE PERMIT (UP
95-02) TO EXPAND THE HOURS OF OPERATION FOR THE
SCHOOL FROM 7 A.M. TO 11 P.M. AND TO ALLOW A 760 SQUARE
FOOT EXPANSION TO THE EXISTING MASSAGE SCHOOL FOR
ADDITIONAL SPACE TO CONDUCT INSTRUCTION COURSES, ON
PROPERTY LOCATED AT 2215 & 2231 S. WINCHESTER
BOULEVARD IN A C-2-S (GENERAL COMMERCIAL) ZONING
DISTRICT. APPLICATION OF MR. MICHAEL BERRY, ON BEHALF
OF WESTERN COLLEGE OF THERAPEUTIC MASSAGE. FILE NO.
M 99-10 (UP 95-02).
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 finds as follows
with respect to application M 99-10 (UP 95-02).
The proposed expansion of the commercial instructional school of therapeutic massage is
consistent with the commercial land use designation of the General Plan and the C-2-S
(General Commercial) zoning designation for the subject site with approval of the
Modification to the previously-approved Use Permit (UP 95-02).
2. The expansion of the existing massage school will allow for the school to occupy a maximum
of 1,510 square feet of the commercial building.
3. The massage school, with the proposed expansion, is located in tenant spaces within a
commercial shopping center and is compatible with the surrounding development and uses.
The expansion of the massage school will not require additional parking than is already
provided for the commercial center given that the massage school is a commercial use and
the subject site meets the parking requirements for commercial uses.
5. The massage school as a commercial school, with the proposed expansion, is compatible with
the adjacent land uses and surrounding neighborhood.
o
The proposed massage clinics, whereby students, under supervision of staff, offer massage
therapy to the public for compensation, are permitted only as an incidental part of the
instructional curriculum of the school; no compensation will to be given to students or staff
members who conduct the massage therapy.
Planning Commission Resolution 3243
M 99-10 (UP 95-02) - 2215 & 2231 S. Winchester Boulevard - Western College of Therapeutic Massage
Page 2
7. The operation of the massage school will comply with Chapter 5.48 (Massage Parlors) of the
Campbell Municipal Code.
o
The proposed expansion of the hours of operation for the school from 7:00 a.m. to 11:00
p.m., seven (7) days a week, is consistent with the hours of operation permitted for
commercial businesses within the C-2-S zoning district.
The massage school is limited to a maximum of 30 students on site at any one time during the
daytime hours between 7:00 a.m. and 7:00 p.m. and to a maximum of 35 students on site at
any one time during evening hours between 7:00 p.m. and 11:00 p.m., seven days a week.
10. All findings and conditions of approval under the previously-approved Use Permit (UP 95-
02) as approved by Resolution No. 2955 for the existing massage school are included as part
of the approval for the Modification, unless herein modified by the conditions of approval for
the Modification, and shall remain in effect.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
The proposed project will aid in the enhancement and the harmonious development of the
immediate area. 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.
2. The subject site is adequate in size and shape to accommodate the proposed use and the
surrounding uses in the area.
3. The subject site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such uses would generate.
Further, the applicant is notified as part of this application that they are required to comply with
all applicable Codes and Ordinances of the City of Campbell and the State of California, which
pertain to this application and are not herein specified. And, that this approval is granted subject
to the following Conditions of Approval.
COMMUNITY DEVELOPMENT DEPARTMENT
1. Approved Project: Approval is granted for a Modification (M 99-10) to a previously-
approved Use Permit (UP 95-02) to expand the hours of operation for Western College of
Therapeutic Massage from 7:00 a.m. to 11:00 p.m. seven days a week and to allow a 760
square foot expansion to the existing massage school for additional space to conduct
instructional courses on property located at 2231 & 2215 S. Winchester Blvd. This approval
allows the massage school to occupy a maximum of 1,510 square feet within the existing
Planning Commission Resolution 3243
M 99-10 (UP 95-02) - 2215 & 2231 S. Winchester Boulevard -Western College of Therapeutic Massage
Page 3
commercial building on the subject property. Approval shall substantially comply with the
project exhibits submitted by the applicant, except as modified by the Conditions of Approval
contained herein.
Hours of operation: The hours of operation for the massage school are limited to the hours
between 7:00 a.m. and 11:00 p.m., Monday - Sunday (7 days a week). Classes are required to
end at 10:00 p.m. and final closing of doors to the school shall occur by 11:00 p.m. No
additional activity shall occur on site after 11:00 p.m. Students and staff shall not be
permitted to linger within the parking lot after the end of the last evening class.
Maximum number of students: The massage school is limited to a maximum of 30 students
attending the school at any one time during the daytime hours between 7:00 a.m. and 7:00
p.m. and to a maximum of 35 students attending the school at any one time during the
evening hours between 7:00 p.m. and 11:00 p.m.
o
Previous Conditions of Approval: All previous conditions of approval shall remain in effect
as stipulated in Planning Commission Resolution No. 2955 for approval of the Use Permit
(UP 95-02) that permitted the massage school on the subject property, except as herein
modified by the conditions of approval for the Modification.
Compliance with the Chapter 5.48 of the Campbell Municipal Code: The applicant shall
comply with Chapter 5.48 of the Campbell Municipal Code for the operation of the massage
school.
6. State-approved school of massage: The massage school shall be required to be a state-
approved school of massage for education purposes.
Massage Clinics: The massage clinics are permitted only as an incidental part of the
instructional curriculum of the school that permits students, under supervision of staff, to
offer massage therapy to the public for compensation, if the school is a state-approved school
of massage for education purposes and the compensation is given directly to the school for
the purposes of lowering student tuition for the school. No compensation shall be given to
any student and/or staff member who conducts massage therapy for the massage clinics.
o
Modification Expiration: The Modification (M 99-10) shall be activated within one (1) year
of the Planning Commission approval date. All conditions of approval specified herein must
be completed and/or in compliance within the one (1) year date of approval or the
Modification approval shall be void.
Parking: A minimum of 23 parking spaces shall be maintained on the subject site for the
commercial center in which the massage school is located. Students and/or staff of the
massage school shall be prohibited from parking along residential streets to accommodate
any additional parking needs for the school. In the event the City receives verifiable and
Planning Commission Resolution 3243
M 99-10 (UP 95-02) - 2215 & 2231 S. Winchester Boulevard - Western College of Therapeutic Massage
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repeated complaints regarding impacts pertaining to parking within the surrounding
residential neighborhood of the massage school, the Planning Commission may review the
Use Permit (UP 95-02) and the Modification to the Use Permit (M 99-10) and impose
additional and/or modified conditions of approval to mitigate these impacts.
10. Noise: The massage school shall not unreasonably disturb adjacent residential uses. In the
event that the City receives verifiable and repeated numbers of complaints pertaining to noise
in conjunction with the operation of the school, the Community Development Director may
limit the operational hours of the school and/or may require other mitigation measures to
attenuate the noise. Actions by the Community Development Director may be appealed to the
Planning Commission, but the reduced hours and/or other mitigation measures shall be
effective immediately upon notification by the Community Development Director. The
Planning Commission may review the Use Permit (UP 95-02) and Modification to the Use
Permit (M 99-10) and impose additional and/or modified conditions of approval to mitigate
these impacts.
11. Building Division Requirements: Prior to operation and occupancy of the massage school
within the additional tenant space located at 2215 S. Winchester Blvd, and prior to the
issuance of building permits for any proposed tenant improvements within the new tenant
space, the applicant shall be required to comply with all Building Code requirements and
obtain necessary permits as determined by the City's Building Division.
12. Location of Mechanical Equipment: No new roof-mounted and/or ground level mechanical
equipment, i.e. air conditioning units, shall be located on or adjacent to the building without
providing screening of the mechanical equipment from public view. Screening material and
method shall require review and approval by the Community Development Director prior to
the installation of such mechanical equipment.
13. Property Maintenance: The property is to be maintained free of any combustible trash,
debris, litter and weeds.
14. Signage: Any sign(s) proposed to be erected on site shall require approval of a Sign Permit.
A Sign Permit may be granted upon complete submission of a Sign Application and approval
by the Community Development Department in accordance with the City's Sign Ordinance.
No sign shall be permitted until the application is approved and a permit is issued.
15. Review and/or Revocation of the Use Permit:
a. The applicant, massage school and any of its successors, shall operate and
maintain this use in a manner which is not objectionable, offensive and/or
incompatible with the surrounding uses and neighborhood. Operation of this use
in violation of the Modification approval (M 99-10) and/or Use Permit (UP 95-
02) or City of Campbell or State of California standards, codes and ordinances
shall be grounds for revocation of the Use Permit.
Planning Commission Resolution 3243
M 99-10 (UP 95-02) - 2215 & 2231 S. Winchester Boulevard - Western College of Therapeutic Massage
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Upon receiving notification of a violation of a condition of approval, the
Community Development Department will investigate the complaint. Upon
verification of the complaint and upon failure to satisfactorily comply with the
conditions of approval and/or violations occur repeatedly, the Community
Development Department shall refer the matter to the Planning Commission
through the Revocation procedure of the Campbell Municipal Code, at which time
the Planning Commission, after a public hearing, may revoke, suspend, or modify
the Use Permit.
POLICE DEPARTMENT
16. Permit requirements: The applicant shall be required to comply with all requirements of the
Police Department for operation of the massage school in conjunction with Chapter 5.48 of
the Campbell Municipal Code.
PASSED AND ADOPTED this 26th day of October 1999, by the following roll call vote:
AYES: Commissioners: Francois, Gibbons, Hemandez, Jones, Lindstrom, Lowe
NOES: Commissioners: None
ABSENT: Commissioners: Keams
Commissioners: None
ABSTAIN:
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