PC Res 3995RESOLUTION NO. 3995
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2010-102) FOR CHIROPRACTIC CARE, MASSAGE AND
ACUPUNCTURE WITHIN A PROFESSIONAL OFFICE BUILDING ON
PROPERTY OWNED BY TERSIGNI FAMILY, LP, LOCATED AT 1836
E. HAMILTON AVENUE IN A P-O (PROFESSIONAL OFFICE)
ZONING DISTRICT. APPLICATION OF MR. ROBERT SANCHEZ.
FILE NO.: PLN2010-102.
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 PLN2010-102.
Environmental Finding
1. The project qualifies as a Categorically Exempt project under Section 15301 of the
California Environment Quality Act (CEQA), pertaining to the operation, permitting,
leasing and licensing of existing private structures involving no expansion of use.
Evidentiary Findings
2. The proposed massage establishment will be compatible with the P-O (Professional
Office) zoning designation with approval of a Conditional Use Permit.
3. The subject property is a corner parcel of approximately 17,447 square feet.
4. The project site accommodates two existing structures. The project tenant space
occupies one building of approximately 2,762 square feet and the second, but unrelated
building, is approximately 2,040 square feet.
5. The project site is located on the southeast intersection of Hamilton and Grace Avenues.
6. The proposed project is consistent with other developments and uses in the surrounding
area.
7. No exterior modifications to the building(s) are proposed in conjunction with the proposed
massage establishment.
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.
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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 (PLN2010-102) for chiropractic care, massage and acupuncture within a professional
office building on property owned by Tersigni Family, LP, located at 1836 E. Hamilton
Avenue in a P-O (Professional Office) Zoning District.
The applicant is hereby notified, as part of this application, that he/she is required to meet
the following conditions in accordance with the ordinances of the City of Campbell and the
State of California. Where approval by the Community Development Director, 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
1. Declaration of Acceptance of All Conditions: The applicant has been provided a copy of
the staff report, findings, conditions of approval, and has been notified of the public
meeting. The applicant has read and fully understands and accepts all of the conditions
Planning Commission Resolution No. 3995
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of approval. If the applicant does not accept the conditions of approval, the applicant has
the ability to appeal this decision within ten (10) calendar days from when the decision
was rendered.
2. Approved Project: Approval is granted for a Conditional Use Permit (PLN2010-102) to
establish a massage establishment located at 1836 E. Hamilton Avenue. The project
shall substantially conform to the project plans and project description received by the
Planning Division on July 12, 2010, 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 7:00 p.m. Monday through Friday and 10:00 a.m. to 3:00 p.m. on Saturday. The
business would be closed on Sunday.
6. Operational Hours: The hours of operation (the hours employees are allowed on site to
prepare for opening and for clean up after closing) shall be restricted to 6:00 a.m. to
11:00 p.m. Monday through Saturday.
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
area. The business owner is responsible for monitoring the premises to prevent loitering.
10. Exterior Modifications: No exterior modifications to the building are proposed as part of
this Conditional Use Permit approval. Future building modifications shall first require
Community Development Department review and approval.
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ll. Outdoor 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 consistent with Campbell Municipal Code Chapter 5.48.
PASSED AND ADOPTED this 10th day of August, 2010, by the following roll call vote:
AYES: Commissioners: Ebner, Gibbons, Reynolds, Rocha and Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: Alster and Cristina
ABSTAIN: Commissioners: None
APPROVED -~=-~%''' L - ~~~~L---~-/
eth Gibbons, Chair
ATTEST:
' k He' ichs, Secretary