PC Res 3924RESOLUTION NO. 3924
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT (PLN2008-181) TO ALLOW THE ESTABLISHMENT OF A
DAY SPA WITH MASSAGE SERVICES IN AN EXISTING OFFICEN
TENANT SPACE PREVIUOSLY OCCUPIED BY A CHIROPRACTIC
MEDICAL USE ON PROPERTY OWNED BY CARLOS AND ROSE
MARENCO LOCATED AT 281 E. HAMILTON AVENUE, UNIT 8, IN
A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT.
APPLICATION OF MS. DUNG MY GOODISON. FILE NO.:
PLN2008-181.
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 PLN2008-181.
1. The proposed massage establishment is consistent with the General Commercial
General Plan land use designation.
2. The proposed massage establishment 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 1,149 square massage establishment in an existing multi-
tenant professional office complex.
4. The project site is located north side of E. Hamilton Avenue between Winchester
Boulevard and N. Central Avenue. This multi-tenant professional office center is
surrounded by single family residential uses to the north and various retail and
professional office uses to the east, west and south.
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 10:00 a.m. to 10:00 p.m. Monday through
Saturday and 12:00 p.m. to 6:00 p.m. on Sunday.
8. The hours of operation shall be restricted to 9:00 a.m. to 11:00 p.m. Monday through
Saturday and 11:00 a.m. to 7:00 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. 3924
PLN2008-181-281 E. Hamilton Ave., Unit 8 -Conditional Use Permit -Day Spa w/Massage
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 a 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 (PLN2008-181) to allow the establishment of a day spa with massage services
in an existing office tenant space previously occupied by a chiropractic medical use on
property owned by Carlos and Rose Marenco located at 281 E. Hamilton Avenue, Unit 8,
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. 3924
PLN2008-181-281 E. Hamilton Ave., Unit 8 -Conditional Use Permit -Day Spa w/Massage
Page 3
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
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 Project: Approval is granted for a Conditional Use Permit (PLN2008-181) to
establish a massage establishment located at 281 E. Hamilton Avenue, Unit #8. The
project shall substantially conform to the project plans and project description received
by the Planning Division on December 9, 2009, except as may be modified by the
Conditions of Approval contained herein.
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. Modification and/or Revocation of Permit: In the event complaints are received by the
City regarding business operations in violation of the Conditional Use Permit or any
standards, codes, or ordinances of the City of Campbell, the Community Development
Director may immediately modify the hours of operation and/or suspend approval of
massage services, subject to the project being brought back to the Planning
Commission for review.
5. Business Hours: The hours of business open to the public shall be restricted to 10:00
a.m. to 10:00 p.m. Monday through Saturday and 12:00 p.m. to 6:00 p.m. on Sunday.
6. Operational Hours: The hours of operation (the hours employees are allowed on site
for to prepare for opening and for clean up after closing) shall be restricted to 9:00 a.m.
to 11:00 p.m. Monday through Saturday and 9:00 a.m. to 7:00 p.m. Sunday.
7. 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.
8. signage: 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.
9. Loitering: 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.
Planning Commission Resolution No. 3924
PLN2008-181-281 E. Hamilton Ave., Unit 8 -Conditional Use Permit -Day Spa w/Massage
Page 4
10. 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.
ll.0utdoor Storage: 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.
12. 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.
13. 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 11:00 p.m. Monday through Sunday.
14. Parking and Driveways: All parking and driveway areas shall be maintained in
compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell
Municipal Code.
Police Department
15. Massage Establishment Permit: The applicant shall be required to obtain a Massage
Establishment Permit from the City of Campbell Police Department. Instructions are
available on the Police Department's website. All employees of the proposed massage
establishment, 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.
Planning Commission Resolution No. 3924
PLN2008-181-281 E. Hamilton Ave., Unit 8 -Conditional Use Permit -Day Spa w/Massage
Page 5
PASSED AND ADOPTED this 27th day of January, 2009, by the following roll call vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Alderete, Alster, Ebner, Gairaud, Gibbons, Rocha and
Roseberry
None
None
None
APPROVED:
ATTEST: ~~ "`~~~ ~{ '~ ° ~'
Ciddy Wordell, Acting Secretary