06-13-2023 PC Agenda Packet
Planning Commission
REGULAR MEETING AGENDA
Tuesday, June 13, 2023 | 7:30 PM
City Hall Council Chamber – 70 N. First Street
CALL TO ORDER / ROLL CALL
This Planning Commission meeting will be conducted in person and virtually via video
teleconferencing (Zoom) in compliance with the provisions of the Brown Act. Members of the
public may attend this meeting in person at Campbell City Hall or virtually via Zoom at
https://campbellca.gov/PCSignup. The meeting will also be live streamed on Channel 26, the
City's website, and on YouTube at https://www.youtube.com/@CityofCampbell.
Written correspondence will be accepted via email at planning@campbellca.gov until 5:00 PM
on the day of the meeting, and thereafter may be delivered in-person at the public hearing.
Written correspondence will be posted to the City’s website and distributed to the Planning
Commission. If you choose to email your comments, please indicate in the subject line “FOR
PUBLIC COMMENT” and indicate the item number.
APPROVAL OF MINUTES
1. Approval of Minutes of May 23, 2023 (Roll Call Vote)
➢ Meeting Minutes, 5/23/2023 (Regular Meeting)
COMMUNICATIONS
AGENDA MODIFICATIONS OR POSTPONEMENTS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for individuals wishing to address the Planning
Commission on matters of community concern that are not listed on the agenda. In the interest
of time, the Chair may limit speakers to five minutes. Please be aware that State law prohibits
the Commission from acting on non-agendized items, however, the Chair may refer matters to
staff for follow-up.
PUBLIC HEARING
Note: Members of the public may be allotted up to two (2) minutes to comment on any public
hearing item. Applicants/Appellants and their representatives may be allotted up to a total of
five (5) minutes for opening statements and up to a total of three (3) minutes maximum for
closing statements. Items requested/recommended for continuance are subject to Planning
Commission’s consent at the meeting.
Planning Commission Agenda for June 13, 2023 Pg. 2
2. PLN-2022-110 – 535 West Hacienda Avenue
Public Hearing to consider the request of Alex Ross, Pillars Architecture, for property
located at 535 West Hacienda Avenue to allow a change in exterior materials to existing
balconies and to upgrade existing trash enclosures on a multi-family residential property.
The application under consideration includes a Site and Architectural Review Permit. File
No.: PLN-2022-110. Staff is recommending that this item be deemed Categorically Exempt
from CEQA. Planning Commission action is final unless appealed in writing to the City
Clerk within 10 calendar days. Project Planner: Tracy Tam, Associate Planner.
Recommended Action: Adopt a Resolution, approving a Site and Architectural Review
Permit (PLN-2022-110) to allow a change in exterior materials to existing balconies and
to upgrade existing trash enclosures on property located at 535 West Hacienda Avenue
in the R-3 (Multiple-Family Residential) Zoning District and finding the project
Categorically Exempt under Section 15301 of the California Environmental Quality Act.
3. PLN-2023-41 – 1402 Camden Avenue
Public Hearing to consider the request of Vanessa Lau, Innovative Design Architecture,
Inc., for property located at 1402 Camden Avenue to allow a change of use from an
existing personal services use (beauty spa and hair stylist) to a medical service, clinic use
(plastic surgery) within an existing multi-tenant commercial building. The application
under consideration includes a Conditional Use Permit. File No.: PLN-2023-41. Staff is
recommending that this item be deemed Categorically Exempt from CEQA. Planning
Commission action is final unless appealed in writing to the City Clerk within 10 calendar
days. Project Planner: Larissa Lomen, Assistant Planner.
Recommended Action: Adopt a Resolution (reference Attachment A – Draft Resolution),
approving a Conditional Use Permit to allow a change of use from an existing “personal
services” use (beauty spa and hair stylist) to a “medical services, clinic” use (plastic
surgery) within an existing multi-tenant commercial building on property located at 1402
Camden Avenue in the C-2 (General Commercial) Zoning District and finding the project
Categorically Exempt under Section 15301 of the California Environmental Quality Act.
STUDY SESSION
4. PLN-2023-74 – 35, 655, 675, & 695 Campbell Technology Parkway
Study Session to consider the preliminary proposal of Bay West Development for property
located at 635, 655, 675, & 695 Campbell Technology Parkway for a 334-unit townhome
community on a 17.28 acre, 4-parcel assemblage (Campbell Technology Park), exercising
use of the State "Builder's Remedy" law. The application under consideration is a SB-330
Preliminary Application. File No.: PLN-2023-74. Project Planner: Daniel Fama, Senior
Planner
5. PLN-2023-100 – AB-2097 Study Session
Planning Commission Agenda for June 13, 2023 Pg. 3
Study Session to present the applicability of Assembly Bill (AB) 2097 (elimination of
parking requirements near public transportation) in the City of Campbell. Project
Planner: Larissa Lomen, Assistant Planner
REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
ADJOURNMENT
Adjourn to the Planning Commission meeting of June 27, 2023, at 7:30 PM, in the City Hall Council
Chambers, 70 North First Street, Campbell, California and via telecommunication.
Americans with Disabilities Act (ADA)
In compliance with the Americans with Disabilities Act, listening assistance devices are available
for meetings held in the Council Chambers. If you require accommodation to participate in the
meeting, please contact the City Clerk’s Office at ClerksOffice@campbellca.gov or 408-866-2117
in advance of the meeting.
PLANNING COMMISSION
REGULAR MEETING MINUTES
Tuesday, May 23, 2023 I 7:30pm
City Hall Council Chamber
CALL TO ORDER
The Regular Planning Commission meeting of May 23, 2023 was called to order at 7:30 pm by
Recording Clerk Ken Ramirez and requested that present Planning Commissioners nominate an
Acting Chair for the Planning Commission meeting. Commissioner Matt Kamkar was nominated
and selected as Acting Chair of the Planning Commission meeting, and the following proceedings
were had to wit.
ROLL CALL
Staff Members present:
Rob Eastwood, Director
Bill Seligmann, City Attorney
Larissa Lomen Associate Planner
Ken Ramirez, Administrative Analyst
APPROVAL OF MINUTES
1. Approval of Minutes of May 9, 2023 (Roll Call Vote)
➢ Meeting Minutes, 5/09/2023 (Regular Meeting)
➢ All approved minutes
COMMUNICATIONS
AGENDA MODIFICATIONS OR POSTPONEMENTS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for individuals wishing to address the Planning Commission on matters of
community concern that are not listed on the agenda. In the interest of time, the Chair may limit speakers to five
Planning Commissioners Present:
Stuart Ching
Maggie Ostrowski
Matt Kamkar, Acting Chair
Michael Krey
Planning Commissioners Absent:
Adam Buchbinder
Alan Zisser
Davis Fields
Campbell Planning Commission Meeting Minutes – May 23, 2023 Page 2
minutes. Please be aware that State law prohibits the Commission from acting on non-agendized items, however, the
Chair may refer matters to staff for follow-up.
Opened and Closed public Comment
PUBLIC HEARING
Note: Members of the public may be allotted up to two (2) minutes to comment on any public
hearing item. Applicants/Appellants and their representatives may be allotted up to a total of five
(5) minutes for opening statements and up to a total of three (3) minutes maximum for closing
statements. Items requested/recommended for continuance are subject to Planning Commission’s
consent at the meeting.
Acting Chair Kamkar read the following public hearing items into record as follows:
2. PLN-2022-140 – 2201 S. Bascom Avenue (Resolution/Roll Call Vote)
Public Hearing to consider the request of Quality Choice Construction for property located
at 2201 S. Bascom Avenue to allow site improvements and the remodel of the exterior of
an existing commercial building and to establish late night activities (open 24 hours, daily).
The application under consideration includes a Conditional Use Permit with Site and
Architectural Review. File No.: PLN-2022-140. Staff is recommending that this item be
deemed Categorically Exempt under CEQA. Planning Commission action is final unless
appealed in writing to the City Clerk within 10 calendar days. Project Planner: Larissa Lomen,
Assistant Planner.
Recommended Action: Adopt a Resolution, approving a Conditional Use Permit with Site
and Architectural Review (PLN-2022-140) to allow the establishment of late night activities
(open 24-hours, daily) in conjunction with a restaurant use (Denny’s), as well as site
improvements and an exterior remodel of the building’s façade on property located at 2201
S. Bascom Avenue in the C-12 (General Commercial) Zoning District and finding the project
Categorically Exempt under Section 15301 of the California Environmental Quality Act.
AssistantPlanner Larissa Lomen presented staff report to allow site improvements and the
remodel of the exterior of an existing commercial building and to establish late night
activities (open 24 hours, daily).
Commissioners asked whether there were bike racks on site and if there would be parking
requirements on site.
Director Eastwood clarified that new state law AB 2097 states that sites located within half
mile of an existing or future light rail / transit stations or a major transit stop the project
site will not have a parking requirement. Approximately 40% of Campbell will need to
comply with state law.
Planner Lomen stated that the Applicant is including 40 parking spots within the project
site.
Campbell Planning Commission Meeting Minutes – May 23, 2023 Page 3
Bill Ross, Architect, stated that there is a need for late night dining. Variety of type of clients
in the area that would like an affordable option. Applicant has done their best to comply
with City’s standards.
Commissioner Ching asked if bike rack could be installed on the site.
Applicant stated that there would be no problem adding a bike rack on site.
Liza Rezawally – HOA, concerned about parking , not in favor with noise and traffic. Asking
why the Dennys moved. Not in favor of a 24-hour location.
Mr. Sugar on behalf of the Applicant stated that location is right in front of residential area.
Several community groups have used Denny’s to host meetings and congregate. Denny’s is
a meeting place for local organizations and a family diner for the community.
Terry Tom, representative of the Landlord, stated that they were in support of applicant.
Huge benefit for the community.
Martha Earl, public speaker, stated that the current owner is currently is not taking care of
things now. Is there going to be security.
Davika, speaker with applicant group, stated that currently the property is abandoned.
Denny’s has been part of the community for a long time.
Alexsis Shields, resident of Apricot Ave, concerned with 24 hours of operation. Concerned
about daycare and swim school across the street. Stated that cars have been vandalized.
Sunita with Dennys group, stated that they want to open 24 hours open to serve the
community. Denny’s serve healthcare workers, firefighters, a lot of public service
individuals, that work non-traditional work shifts. In over 15 years of experience never had
an issue. Denny’s addresses safety concerns promptly.
Applicant spoke and stated that the neighborhood will be safer due to the lighting being
provided. Have security and cameras on site. Denny’s did not have issues previously when
they were located across the street. The restaurant will ensure a safe environment.
Acting Chair Kamkar closed public hearing
Commissioners received confirmation that there will be video surveillance on site.
Commissioners understood the concerns from the community in regards to operations
being 24-hours. Stated that non-compliance of conditions of approval could result in
curtailing hours of operations. Language within the conditions of approval strike a good
Campbell Planning Commission Meeting Minutes – May 23, 2023 Page 4
balance with serving late nights needs of the community while also preventing issues.
Commissioners in support of project.
Motion: Upon motion by Commissioner Ching, seconded by Commissioner Krey the
Planning Commission adopted Resolution No. 4678, approving a Conditional Use
Permit with Site and Architectural Review (PLN-2022-140) to allow the
establishment of late night activities (open 24-hours, daily) in conjunction with an
existing restaurant use, including associated site improvements and an exterior
remodel of the building’s façade on property located at 2201 S. Bascom Avenue in
the C-2 (General Commercial) Zoning District, by the following roll call vote.
AYES: Ching, Ostrowski, Kamkar, Krey
NOES: None
ABSENT: Buchbinder, Zisser, Fields
ABSTAIN: None
3. PLN-2023-34 – 1630 W. Campbell Avenue (Resolution/Roll Call Vote)
Public Hearing to consider the request of AT&T Mobility for property located at 1630 W.
Campbell Avenue to allow for the removal and replacement of an existing rooftop cupola
to facilitate the installation of a new rooftop concealed wireless communications facility
stop an existing multi-tenant commercial building. The application under consideration
includes a Conditional Use Permit with Site and Architectural Review. File No.: PLN-2023-
34. Staff is recommending that this item be deemed Categorically Exempt under CEQA.
Planning Commission action is final unless appealed in writing to the City Clerk within 10
calendar days. Project Planner: Larissa Lomen, Assistant Planner.
Recommended Action: Adopt a Resolution, approving a Conditional Use Permit with Site
and Architectural Review (PLN-2023-34) to allow for the removal and replacement of an
existing rooftop cupola to facilitate the installation of a new rooftop concealed wireless
communications facility stop an existing multi-tenant commercial building on property
located at 1630 W. Campbell Avenue in the C-1 (Neighborhood Commercial) Zoning District
and finding the project Categorically Exempt under Section 15301 of the California
Environmental Quality Act.
Assistant Planner Lomen presented staff report to allow for the removal and replacement
of an existing rooftop cupola to facilitate the installation of a new rooftop concealed
wireless communications facility stop an existing multi-tenant commercial building.
Ashley Smith, representative of applicant, was present to answer questions.
Acting Chair Kamkar closed public hearing.
Motion: Upon motion by Commissioner Krey, seconded by Commissioner Ostrowski the
Planning Commission adopted Resolution No. 4679, approving a Conditional Use
Permit with Site and Architectural Review (PLN-2023-34) to allow for the removal
Campbell Planning Commission Meeting Minutes – May 23, 2023 Page 5
and replacement of an existing rooftop cupola to facilitate the installation of a
new rooftop concealed wireless communications facility stop an existing multi-
tenant commercial building on property located at 1630 W. Campbell Avenue in
the C-1 (Neighborhood Commercial) Zoning District, by the following roll call vote.
AYES: Ching, Ostrowski, Kamkar, Krey
NOES: None
ABSENT: Buchbinder, Zisser, Fields
ABSTAIN: None
REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
Director Eastwood reported the following:
• City Council adopted zoning exception on 1690 Littleton Place.
• City Council accepted Housing Program Audit report of the city’s Housing Program. Report
included a recommendation for the City of Campbell to hire a housing manager and stand up
additional resources, including a communication plan. Consultant also stood up a Destination
Home grant to hire an Unhoused Specialist for the city’s Housing Program.
ADJOURNMENT
Adjourned meeting at 8:32 p.m. to the next Regular Planning Commission Meeting on Tuesday,
June 13, 2023, in the City Hall Council Chambers, 70 North First Street, Campbell, California and via
telecommunication.
PREPARED BY: _______________________________
Ken Ramirez, Administrative Analyst
APPROVED: ______________________________
Matt Kamkar, Acting Chair
ATTEST: ________________________________
Rob Eastwood, Secretary
ITEM NO. 2
CITY OF CAMPBELL ∙ PLANNING COMMISSION
Staff Report ∙ June 13, 2023
PLN-2022-110 Ross, A.
Public Hearing to consider the application by Alex Ross (Pillars Architecture), for a Site and Architectural Review Permit (PLN-2022-110) to allow for material changes to existing balconies and to upgrade existing trash enclosures
on a multi-family residential property located at 535 W. Hacienda Avenue in
the R-3 (Multiple-Family Residential) Zoning District.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
1.Adopt a Resolution (reference Attachment 1), approving a Site and Architectural ReviewPermit (PLN-2022-110) for material changes to existing balconies and to upgrade existingtrash enclosures on a multi-family residential property, and finding the project CategoricallyExempt under Section 15301 of the California Environmental Quality Act.
ENVIRONMENTAL (CEQA) DETERMINATION
Staff recommends that the Planning Commission find that this project is Categorically Exempt under Section 15301 (Class 1) of the California Environmental Quality Act (CEQA) pertaining to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of an
existing private structure.
PROJECT DATA
Zoning District: R-3
General Plan Designation: High Density Residential (21 – 27 units per gross acre)
Lot Area: 5,616 acres (244,772 square feet)
Number of balconies: 201 balconies
Number of balconies for replacement: 201 balconies
BACKGROUND
The project site received a Zoning Clearance (File No. ZC68-08) to allow for a change in zoning from C-1-S to R-3-S (Ordinance 638) in December of 1968. In 2018, a building permit was submitted for balcony repair work for four balconies affected by dry-rot damage and the balconies were replaced with like material, colors, and finishes to match existing therefore, this work did not
require a planning permit. The exterior of the building has largely remained the same since it was
constructed.
Staff Report ~ Planning Commission Meeting of June 13, 2023 Page 2 of 6 PLN-2022-110 ~ 535 W. Hacienda Avenue
PROJECT DESCRIPTION
Applicant’s Proposal: The applicant is requesting approval of a Site and Architectural Review Permit to allow material changes to existing balconies and to upgrade existing trash enclosures on a multi-family residential property. Per the project plans (reference Attachment 2), all 201 balconies are proposed to be altered. The applicant is also updating the exterior lights which illuminate the
balconies. These exterior LED lights will be down shielded to prevent light spillover.
As there is dry rot in the existing balconies, the applicant is requesting to remove and replace all balconies to prevent problems in the future.
Project Location: The project site is an approximately 5.6 acre parcel located along West Hacienda Avenue, as shown in the map below. The property is surrounded by existing residential uses east,
west, and south, and a percolation pond to the north. The property is currently developed with 6
two-story apartment buildings (totaling 198 units), trash enclosures, and carports. The apartment complex also includes an outdoor pool and fitness area.
Figure 1: Project Site ANALYSIS
General Plan:
The General Plan Land Use designation for the property is High Density Residential (21 to 27 units to the gross acre). The General Plan Land Use designation of High Density Residential allows for
apartments and condominiums, and similar types of residential uses. The project is consistent with
the General Plan Land Use designation as it is an apartment complex of up to 198 units. Zoning Code:
The project site has a zoning designation of R-3 Multiple-Family Residential. The R-3 zoning
district generally provides a variety of dwelling types at a controlled high density at readily
accessible locations that are convenient to community facilities.
Staff Report ~ Planning Commission Meeting of June 13, 2023 Page 3 of 6 PLN-2022-110 ~ 535 W. Hacienda Avenue
Administrative Procedure: In the R-3 Zoning District, alterations to the building architecture requires a Site and Architectural Review Permit, pursuant to Section 21.42.020. The Planning Commission is the decision-making body for Site and Architectural Review Permits and may approve the permit upon making certain findings. These findings are discussed below.
Design and Materials: The applicant is proposing to update all 201 balconies in the existing
apartment complex. Presently, the balconies are faced with stucco, enclosed with wood railings, and protected by an existing blue canvas awning and accompanying underlying frame to support the awning (Figure 2). The first floor balconies are enclosed with an existing 5-foot wooden fence. Presently, the existing upper floor balconies are cantilevered from the existing building with no exterior support system.
Figure 2: Existing Balconies
The applicant is proposing exterior balcony materials comprised of a perforated metal railing panel and a wood plank wall. A structural post is proposed to provide support for the upper floor balconies.
The existing fence serving the first floor balconies is proposed to remain but will be painted a muted brown color.
Figure 3: Proposed Balconies
A metal panel is also proposed to be placed on the exterior wall which is intended to create a cohesive aesthetic with the new balconies.
Staff Report ~ Planning Commission Meeting of June 13, 2023 Page 4 of 6 PLN-2022-110 ~ 535 W. Hacienda Avenue
Figure 4: Proposed Exterior Material The existing seven trash enclosures are proposed to be upgraded to comply with current standards. The existing trash enclosures are faced with a stucco exterior and dark metal doors. Presently,
none of the trash enclosures have roof coverings or drain to the sanitary sewer, which can cause water to remain inside the enclosure. The trash enclosures will be upgraded to have roof coverings and drain connections to the sanitary sewer. The trash enclosure materials will match the proposed exterior balcony materials to ensure a cohesive aesthetic. The proposed materials for the trash enclosures include a corrugated metal roof and support post, both painted in a bronze color.
Figure 5: Existing and Proposed Trash Enclosures
Consideration in Review of Applications: In review of a Site and Architectural Review Permit, the Zoning Code (CMC Sec. 21.42.040) directs the Planning Commission to consider certain design and layout aspects of the proposal prior to rendering a decision, referenced to as “considerations”.
The following identifies these considerations and application consistency.
A. Considerations relating to traffic safety, traffic congestion, and site circulation;
Staff Report ~ Planning Commission Meeting of June 13, 2023 Page 5 of 6 PLN-2022-110 ~ 535 W. Hacienda Avenue
The project did not require a traffic study or other transportation analysis as project did not trigger any thresholds for study.
B. Considerations related to landscaping; and
The project site contains landscaping within the courtyards and along the property lines. The landscaping is a combination of grass, trees, and shrubs and is maintained in good condition.
There are no proposed changes to the existing landscaping.
C. Considerations relating to structures and site layout.
The project site will upgrade the existing seven trash enclosures generally located along the property lines. The upgrades to the trash enclosures include providing a roof covering, a drain to the sanitary sewer line, and sump pumps where necessary. There will also be bins
for organic waste in compliance with Senate Bill 1383, which requires municipalities to provide organic waste collection services. The roof covering will prevent water infiltration into the enclosure.
Findings for Approval
Site and Architectural Review Findings (Section 21.42.060 of CMC): The property is located within
the R-3 Zoning District. The Planning Commission may approve substantial changes to the exterior of a building requires a Site and Architectural Review Permit after making all three (3) of the required findings described in italics below. An explanation of how the project does or does not meet each finding follows in plain text below.
1. The project will be consistent with the General Plan;
Strategy LUT-5.2a: Neighborhood Compatibility: Promote new residential development and substantial additions that are designed to maintain and support the existing character and development pattern of the surrounding neighborhood, especially in historic neighborhoods and neighborhoods with consistent design characteristics.
Policy LUT-9.3: Design and Planning Compatibility: Promote high quality, creative
design and site planning that is compatible with surrounding development, public spaces and natural resources.
Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high quality
building materials on all buildings to ensure the long-term quality of the built environment.
In addition to complying with the General Plan Land Use Designation of High Density
Residential, the project complies with the above General Plan strategies and policy as the material changes to existing balconies and trash enclosure upgrades will update the apartment complex, utilize high quality materials, and to ensure the balconies are safe for enjoyment of the residents.
2. The project will aid in the harmonious development of the immediate area; and;
Allowing the material change to the existing balconies will aid in the harmonious development of the area by ensuring the balconies are safe, and well maintained. Allowing the trash enclosures updates will ensure the trash enclosures are compliant with current standards. The proposed materials for the balconies and trash enclosures are
similar and will assist in ensuring architectural cohesion.
Staff Report ~ Planning Commission Meeting of June 13, 2023 Page 6 of 6 PLN-2022-110 ~ 535 W. Hacienda Avenue
3. The project is consistent with the applicable adopted design guidelines, development
agreement, overlay district, area plan, neighborhood plan, and specific plan(s).
There are no design guidelines for residential buildings of this density range. The project is subject to the San Tomas Area Neighborhood Plan (STANP) which contains design guidelines, however, the design guidelines in the STANP address single-family
residences and additions to single-family residences and do not directly address high-density multi-family properties such as the subject site. Therefore, the design guidelines within STANP do not apply to the project. While the City Council recently adopted the Multi-Family Development and Design Standards (MFDDS), the project is not subject to the MFDDS. Pursuant to Section 21.01.050(E) of the Campbell Municipal Code, a
land use application that has been accepted and deemed complete shall be processed in compliance with the requirements in effect when the application was accepted as complete. The application was accepted and deemed complete prior to the adoption of the MFDDS.
Site and Architectural Review Committee (SARC): The project was presented at the Site and
Architectural Review Committee on May 23, 2023. At the meeting, Commissioner Kamkar asked whether the trash enclosures will be connected to sanitary sewer to which staff responded that they will be connected to sanitary sewer. Commissioner Kamkar also stated that the black color may fade over time and therefore requires more maintenance. Commissioner Krey stated that he did not have
any issues with the proposed materials for the balconies. The architect stated the balconies are failing
and that these upgrades are a necessity.
Public Outreach: The project was noticed to all property owners within 3 00 feet of the subject property and publicized in the newspaper (Metro). No public comments have been received.
Prepared by:
Tracy Tam, Associate Planner
Approved by:
Rob Eastwood, Community Development Director
Attachments: A. Draft Resolution B. Site and Architectural Review Committee Memorandum
C. Project Plans
RESOLUTION NO. BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING APPROVAL OF A AND
ARCHITECTURAL REVIEW PERMIT (PLN-2022-110) TO ALLOW FOR MATERIAL CHANGES TO EXISTING BALCONIES AND TO UPGRADE EXISTING TRASH ENCLOSURES ON PROPERTY LOCATED AT 535 WEST HACIENDA AVENUE IN THE R-3 (MULTIPLE-FAMILY
RESIDENTIAL) ZONING DISTRICT.
After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed.
The Planning Commission did find as follows with regard to application PLN-2022-110:
1. The project site is zoned R-3 (Multiple-Family Residential) and designated High Density
Residential by the General Plan.
2. The project site is approximately 5.6 acres located along West Hacienda Avenue.
3. The project site is developed with six apartment buildings (with up to 198 residential
rental units) and associated car ports and landscaping.
4. The project site is surrounded by residential uses towards the east, west, and south of the property, and percolation ponds to the north.
5. The applicant is requesting approval of a Site and Architectural Review Permit to allow for exterior material changes including material changes to existing balconies, building
wall materials within the confines of the balcony, and upgrades to existing trash enclosures.
6. The existing balcony material consist of a stucco and wood railings with a blue canvas awning and accompanying underlying frame. The existing wall material is stucco. The
existing trash enclosures are faced with a stucco exterior and dark metal doors.
7. All existing 201 balconies are proposed to be removed and replaced with a pre-fabricated system as there is evidence of dry rot in the existing balconies.
8. The existing balconies along West Hacienda Drive do not satisfy current front setback requirements of 20-feet. However, the existing balconies were allowed and approved in
a previous planning entitlement (file no. ZC68-08). Pursuant to Section 21.58.050(G) of
the Campbell Municipal Code, the reconstruction of the balconies is required to comply with Senate Bill 721 (2017 – 2018 legislative session).
9. The applicant is also proposing to update the wall sconce lighting which serves the balconies. The proposed LED lighting complies with the lighting standards of the
Campbell Municipal Code.
10. The proposed exterior materials for the balconies, as referenced on the approved project plans, consist of perforated metal railing panels and a horizontal wood plank wall. The proposed exterior wall material within the balconies is a metal panel.
Planning Commission Resolution No. Page 2 of 3 535 W. Hacienda Avenue Site and Architectural Review (PLN-2022-110) – Balcony Materials & Trash Enclosures
11. The trash enclosures will be upgraded to include roof coverings, drains to the sanitary sewer, and containers for organic waste as required by Senate Bill 1383 (2015 – 2016 legislative session). Certain trash enclosures will include provisions for a sump pump to ensure adequate drainage. The proposed materials for the trash enclosures include
corrugated metal roofs and support posts painted a bronze color.
12. While the City does not have adopted design guidelines for High Density Residential uses, the General Plan has policies and strategies requiring high quality and attractive building design that are applicable to this application:
Strategy LUT-5.2a: Neighborhood Compatibility: Promote new residential development and substantial
additions that are designed to maintain and support the existing character and development pattern of the surrounding neighborhood, especially in historic
neighborhoods and neighborhoods with consistent design characteristics.
Policy LUT-9.3: Design and Planning Compatibility: Promote high quality, creative design and site
planning that is compatible with surrounding development, public spaces and natural resources.
Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high quality building materials on all buildings to ensure the long-term quality of the built environment.
13. In review of the Proposed Project, the Planning Commission considered traffic safety, traffic congestion, site circulation, adequacy of landscaping, and the appropriateness of proposed structures and site layout, pursuant to Campbell Municipal Code Sec.
21.42.040 (Considerations in review of applications).
14. In review of the proposed project, the Planning Commission also weighed the public need for, and the benefit to be derived from, the project, against any impacts it may cause.
15. 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.
16. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project.
17. In review the proposed project, the Planning Commission also weighed the public need
for, and the benefit to be derived from, the project, against any impacts it may cause.
18. 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.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
Site and Architectural Review Permit Finding (CMC Sec. 21.42.060.B):
1. The project will be consistent with the general plan;
2. The project will aid in the harmonious development of the immediate area;
Planning Commission Resolution No. Page 3 of 3 535 W. Hacienda Avenue Site and Architectural Review (PLN-2022-110) – Balcony Materials & Trash Enclosures
3. The project is consistent with applicable adopted design guidelines, development agreement, overlay district, area plan, neighborhood plan, and specific plan(s);
Environmental Finding(s) (CMC Sec. 21.38.050):
4. The project is Categorically Exempt under Section 15301 (Class 1) of the California
Environmental Quality Act (CEQA), pertaining to the operation and leasing, and minor
alteration of an existing private structure.
5. 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.
THEREFORE, BE IT RESOLVED that the Planning Commission grants approval of a Site and Architectural Review (PLN-2022-110) to allow material changes to existing balconies and to upgrade existing trash enclosures on property located at 535 West Hacienda Avenue, subject to the attached Conditions of Approval (attached Exhibit A).
PASSED AND ADOPTED this 13th day of June, 2023, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
APPROVED:
Adam Buchbinder, Chair
ATTEST:
Rob Eastwood, Secretary
EXHIBIT A
CONDITIONS OF APPROVAL Site and Architectural Review (PLN-2022-110)
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.
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
1. Approved Project: Approval is granted for a Site and Architectural Review Permit (PLN-2022-110) to allow a change in exterior materials to existing balconies and to upgrade existing trash enclosures on property located at 535 W. Hacienda Avenue. The project shall substantially conform to the Project Plans included as Attachment C in the June
13, 2023 Planning Commission Staff Report, except as may be modified by the Conditions of Approval contained herein.
2. Permit Approval Expiration: The Site and Architectural Review Permit approved herein ("Approval") shall be valid for one (1) year from the effective date of Planning
Commission approval (expiring June 13, 2024). Within this one-year period a Building
Permit for the project must be issued pursuant to CMC Sec. 21.56.030.B.1. Failure to meet this deadline or expiration of an issued Building Permit shall result in the Approval being rendered void. Once established, this Approval shall be valid in perpetuity on the Project Site, subject to continued operation of the use. Discontinuation of the use for a
continuous period of twelve months shall void the Approval upon an affirmative
determination by the Planning Commission in a public hearing that the use has been discontinued.
3. Planning Final Required: Planning Division clearance is required 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.
4. Timely Completion: Once under construction it shall be the obligation of the property owner and contractor to demonstrate continued progress on the project. In the event the building permit expires, the City may impose fines or exercise administrative remedies to compel timely completion of work.
5. Plan Revisions: The building permit drawings for the project shall include the removal of
the unpermitted structures or the inclusion of the unpermitted structures for legalization.
6. Recycling and Refuse Operations: The property owner and/or property management company shall perform the following:
Planning Commission Resolution No. Page 2 of 6 535 W. Hacienda Avenue Site and Architectural Review (PLN-2022-110) – Balcony Materials & Trash Enclosures
a. Actively monitor all trash enclosures are kept clean and clear of loose refuse and recyclables. Should loose refuse and recyclables be present, the property owner and/or property management company shall dispose of it within a timely manner.
b. Ensure all refuse and recyclables are properly placed within the appropriate containers.
c. Actively monitor the capacity of all containers. If the containers are reaching full capacity, the property owner and/or property management company shall ensure container contents are redistributed into appropriate containers to
reduce capacity, redistribute appropriate containers to the trash enclosure reaching capacity, or similar trash management procedures to ensure container overflow will not occur.
d. At the discretion of the Community Development Director, if three (3) verifiable complaints related to violations of conditions of approval and/or related to the
recycling and refuse operations within a twelve (12) month period, a public hearing may be scheduled to consider modifying conditions of approval or requiring a modification to the Site and Architectural Review permit to remedy the issue.
7. Unpermitted Structures: Building permits for the unpermitted accessory structures must
be obtained prior to Planning Division clearance for the Building Permit final. If building permits cannot be issued for the unpermitted structures due to municipal code noncompliance, then the unpermitted structures must be removed prior to Planning Division clearance for the Building Permit final.
8. Construction Facilities: Construction related facilities (including, but not limited to
portable restrooms, sinks, storage) shall be removed prior to Planning Division clearance for the Building Permit final.
9. Trash Disposal and Clean-Up: All trash disposal, normal clean-up, carpet cleaning, window cleaning, sidewalk sweeping, etc. shall be limited to the hours of 6 AM to 10 PM. Refuse and recycling receptacles shall be kept within the enclosure except during
collection in compliance with Chapter 6.04 of the Campbell Municipal Code.
10. Smoking: "No Smoking" signs shall be posted on the premises in compliance with CMC Section 6.11.060.
11. Lighting: On-site lighting shall be shielded away from adjacent properties and directed on-site. The final 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 for compliance with the City of Campbell Lighting Design Standards (CMC Sec. 21.18.090).
12. 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. Exterior areas of the business shall include not only the parking lot and private landscape areas, but also include the public right-of-way adjacent to the business.
Planning Commission Resolution No. Page 3 of 6 535 W. Hacienda Avenue Site and Architectural Review (PLN-2022-110) – Balcony Materials & Trash Enclosures
13. Landscape Maintenance: All landscaped areas shall be continuously maintained in accordance with City Landscaping Requirements (CMC 21.26). Landscaped areas shall be watered on a regular basis so as to maintain healthy plants. Landscaped areas shall be kept free of weeds, trash, and litter. Dead or unhealthy plants shall be replaced with
healthy plants of the same or similar type.
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. Parking spaces shall be free of debris or other obstructions.
15. Construction Activities: The applicant shall abide by the following requirements during
construction:
a. The Project Site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to the issuance of building permits.
b. 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.
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. Use standard dust and erosion control measures that comply with the adopted Best Management Practices for the City of Campbell.
BUILDING DIVISION
16. Permit Required: A Building Permit application shall be required for the proposed project.
The Building Permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit.
17. Conditions of Approval: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit.
18. Construction Fencing: The area of work shall be properly enclosed with construction
fencing to prevent unauthorized access during construction. The area of work shall be secured to prevent vandalism and/or theft during hours when no work is being done. All protected trees shall be fenced to prevent damage to root systems in compliance with the Standards for Tree Protection During Construction.
Planning Commission Resolution No. Page 4 of 6 535 W. Hacienda Avenue Site and Architectural Review (PLN-2022-110) – Balcony Materials & Trash Enclosures
PUBLIC WORKS DEPARTMENT
19. General Notes: The scope of this project triggers the requirement for Frontage Improvements as required by Campbell Municipal Code 11.24.040. The San Tomas Area Neighborhood Plan has identified the section of project frontages along W Hacienda
Avenue and Capri Drive to have full improvements, curb, gutter and sidewalk. The
existing driveway along Capri Drive project frontage is non-ADA compliant. The applicant will be required to remove and replace this existing driveway with ADA compliant driveway.
20. Construction Drawings: The applicant shall submit the following permit applications prior to, or concurrent with the main Building permit application:
a. Encroachment Permit for Street Improvement Plans: The frontage improvements for the project shall be shown on a separate street improvement plan as detailed here: https://www.campbellca.gov/187/Street-Improvements.
21. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff
to the bay. Resources to achieve these objectives include Stormwater Best Management
Practices Handbook for New Development and Redevelopment (“CA BMP Handbook”) by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection (“Start at the Source”) by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using
Site Design Techniques to Meet Development Standards for Stormwater Quality: A
Companion Document to Start at the Source (“Using Site Design Techniques”) by BASMAA, 2003.
22. Plans / Encroachment Permit / Fees / Deposits: Prior to issuance of any grading or building permits for the site, the applicant shall cause plans for public street
improvements to be prepared by a registered civil engineer, pay various fees and
deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following, unless otherwise approved by the City Engineer:
a. Show location of all existing utilities within the new and existing public right of
way.
b. Removal of existing driveway approach and necessary sidewalk, curb and gutter, and construction of ADA compliant driveway and necessary sidewalk, curb and gutter along Capri Drive project frontage.
c. Construction of conforms to existing public and private improvements, as
necessary.
Planning Commission Resolution No. Page 5 of 6 535 W. Hacienda Avenue Site and Architectural Review (PLN-2022-110) – Balcony Materials & Trash Enclosures
d. There are 2 existing water meter at the driveway wing, these utilities shall be adjusted grade or relocated outside the driveway wing with the construction of new driveway.
e. Since this is a shared driveway, the applicant shall notify all the driveway users
of the driveway reconstruction along Capri Drive project frontage.
23. Street Improvements Completed for Occupancy and Building Permit Final: Prior to allowing occupancy and/or final building permit signoff for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City, and the design engineer shall submit as-built drawings to the City.
24. Trash Enclosure Requirements:
a. NPDES Permit No. CAS612008 (CRWQCB): C.3.a.i. (7): For all new development and redevelopment projects that are subject to the Permittee’s planning, building, development, or other comparable review, but not regulated by Provision C.3, encourage the inclusion of adequate source control measures to limit pollutant
generation, discharge, and runoff. These source control measures should include:
i. Covered trash, food waste, and compactor enclosures.
b. Campbell Municipal Code 14.02.030 "Stormwater Pollution Control / Requirements". The code states that no pollutants or water containing pollutants can be discharged into the City's storm drain system. Trash enclosures contain
pollutants. During a rain event (or during general cleaning) water washes over and into roofless enclosures, collecting pollutants and discharging to the City's storm drain system. Applicants are required to show how new trash enclosures will not discharge pollutants into the storm drain system. One possible method is to provide a sanitary drain in the trash enclosure.
c. West Valley Sanitation District (WVSD), the local sanitary sewer agency, will require a roof on the enclosure if the trash enclosure drain connects to their sanitary sewer system.
FIRE DEPARTMENT
25. Trash enclosure: Trash enclosure will need to comply with 2022 CFC section 304. If trash size exceeds 1.5 cubic yards then either a sprinkler system is required or the enclosure will need to be type IA or IIA construction.
To: Site and Architectural Review Committee Date: May 23, 2023
From: Tracy Tam, Associate Planner
Via: Rob Eastwood, Community Development Director
Subject: Site and Architectural Review Permit
File No.: PLN-2022-110 ~ 535 W. Hacienda Avenue
BACKGROUND
Project Site: The project site is an approximately 5.6 acre parcel located along West Hacienda Avenue, as shown in the map below. The property is surrounded by existing residential uses east, west, and south, and a percolation pond to the north. The property is currently developed with 6 two-story apartment buildings (totaling 198 units), trash enclosures, and carports. The apartment
complex also includes an outdoor pool and fitness area. Upon a site visit, there were a number of
unpermitted accessory structures present on the property which shall either be removed or legalized through a separate permitting process.
Figure 1: Project Site Proposed Project:
The application for a Site and Architectural Review Permit would allow for exterior material changes to all existing balconies (a total of 201 balconies) and to upgrade the existing trash
enclosures on-site. The exterior material changes to the balconies will modernize the appearance
of the buildings and will match the exterior materials for the trash enclosures. While there have been interior improvements to the residential units over time, the exterior of the building has largely remained the same since it was constructed.
Community Development Department
Planning Division
MEMORANDUM
Attachment B
SARC Memorandum – May 23, 2023 Page 2 PLN-2022-110 ~ 535 W. Hacienda Avenue.
PROJECT DATA
Zoning District: R-3
General Plan Designation: High Density Residential (21 – 27 units per gross acre)
Lot Area: 5.616 acres (244,772 square feet)
DISCUSSION
Scope of Review: The Site and Architectural Review Committee’s role is to review the design and materials of the proposed project for compatibility and to make recommendations as appropriate
to the Planning Commission.
Exterior Materials and Design: The upper floor existing balconies are faced with stucco and wood railings while the balconies serving the ground floor units are enclosed with a painted wood fence, as shown in the below images. The existing blue canvas awning and accompanying underlying frame is proposed to be removed.
Figure 2: Existing Balconies
The proposed exterior materials for the upper floor balconies include a custom perorated metal railing panel and a wood plank wall. The balcony system also includes a structural post which
supports the upper floor balconies. The existing fence which encloses the balconies on the ground floor are not proposed for removal but is proposed to be painted a muted brown color.
The third-floor balconies will have a roof covering to ensure the balconies are protected from the elements and to provide shade. The project proposes a stucco parapet with a standing seam metal roof. The standing seam metal roof is proposed to be painted a bronze color.
SARC Memorandum – May 23, 2023 Page 3 PLN-2022-110 ~ 535 W. Hacienda Avenue.
Figure 3: Proposed Balconies
The existing trash enclosures are faced with a stucco exterior and metal doors. None of the existing
trash enclosures have roof coverings or a sanitary drain, which can cause water to pool inside and remain inside. As part of the exterior material change for the balconies, the project is also required to ensure the trash enclosures are brought up to current standards, including installing a roof covering and a drain to the sanitary sewer line. The proposed materials includes a corrugated metal
roof and support posts, both painted bronze.
Figure 4: Existing and Proposed Trash Enclosure
CONSIDERATIONS
The SARC should discuss the proposed exterior building materials. If the SARC believes that the project warrants changes, the applicant may be asked to revise the design for review by the Planning Commission.
Attachments:
1. Project Plans
Attachment C
ITEM NO. 3
CITY OF CAMPBELL ∙ PLANNING COMMISSION
Staff Report ∙ June 13, 2023
PLN-2023-41 Innovative Design
Architecture, Inc.
Public Hearing to consider the request of Innovative Design Architecture, Inc. for property located at 1402 Camden Avenue to allow a change of use from an existing “personal services” use (beauty spa and hair stylist)
to a “medical services, clinic” use (plastic surgery) within an existing
multi-tenant commercial building. The application under consideration includes a Conditional Use Permit. File No.: PLN-2023-41.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
1. Adopt a Resolution (reference Attachment A – Draft Resolution), approving a Conditional Use Permit to allow a change of use from an existing “personal services” use (beauty spa and hair stylist) to a “medical services, clinic” use (plastic surgery) within an existing multi-tenant commercial building on property located at 1402 Camden Avenue in the C-2 (General
Commercial) Zoning District and finding the project Categorically Exempt under Section
15301 of the California Environmental Quality Act.
ENVIRONMENTAL (CEQA) DETERMINATION
Staff recommends that the Planning Commission accept the determination that this project is
Categorically Exempt under Section 15301 (Class 1) of the California Environmental Quality Act
(CEQA), pertaining to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of an existing private structure.
PROJECT DATA
Zoning Designation: C-2 (General Commercial)
General Plan Designation: General Commercial
Net Lot Area: 16,117 square-feet
Building Square Footage: 5,060 square-feet
Tenant Square Footage: 2,490 square-feet
Parking (Provided): 25 Parking Stalls
Parking (Required): 30 Parking Stalls Total1
1 The Project Site meets the minimum parking requirement due to a reciprocal parking agreement shared with the neighboring property to the south recorded with the County of Santa Clara prior to annexation provided as an attachment and described below.
Staff Report ~ Planning Commission Meeting of June 13, 2023 Page 2 of 6 PLN-2023-41 ~ 1402 Camden Avenue
Tenant Space Required
Project Site 12 Stalls
(1402 Camden Ave.)
Camden Donuts 6 Stalls
(1410 Camden Ave.)
Dicky’s BBQ Pit 12 Stalls
(1412 Camden Ave.)
Operational Hours: 9:00 A.M. through 7:00 P.M. Monday through Friday.
Number of Employees: 5 (1 licensed physician, 4 unlicensed office staff)
PROJECT SITE
The project site is a is an approximately 16,117 square-foot parcel located on the southeast corner of Camden Avenue and Erin Way, within the C-2 (General Commercial) Zoning District, as shown on the aerial map below. The project site was annexed into the City of Campbell in 2013. The property is developed with a single-story commercial building, with four (4) tenant
spaces that include a beauty spa, hair salon, and two restaurants. The Project Site is located
within a commercial corridor along a Class I Arterial Street (Camden Avenue) which comprises a mix of general commercial uses including restaurants, personal services, and professional offices. As defined by the General Plan, Class I Arterial Streets serve Class I arterials generally serve major bus routes and have little on street parking allowing for higher traffic speeds, and
multiple traffic lanes. Low density residential land uses occur just outside the commercial
corridor and abut the Project Site to the north.
Figure 1: Aerial Map
Staff Report ~ Planning Commission Meeting of June 13, 2023 Page 3 of 6 PLN-2023-41 ~ 1402 Camden Avenue
PROJECT DESCRIPTION
Applicant’s Proposal: The submitted application for a Conditional Use Permit would allow a
change of use from an existing “personal services” use (beauty spa and hair stylist) to a “medical
services, clinic” use (plastic surgery) within an existing multi-tenant commercial building.
The new medical service, clinic use (Eric Li Plastic Surgery) proposes to operate a plastic surgery office providing non-invasive cosmetic services (reference Attachment C – Project Description). Some of the services offered include laser therapy, chemical peels, dermal fillers, and neuromodulators (Botox). Due to the nature of the services performed by a licensed medical professional, the use is
considered to be “medical service, clinic.”
The plastic surgery office is proposing to locate in an existing commercial building with no exterior alterations to the existing space. The proposal will require tenant
improvements for interior remodeling as indicated on the Project Plans. The submitted floor plan (reference Attachment B – Project Plans), shows a reception area, staff lounge, restrooms, and seven (7) exam rooms.
ANALYSIS
Administrative Procedure: In the C-2 (General Commercial) Zoning District, “medical service,
clinic” uses are identified as a Conditional Use. In accordance with CMC Section 21.72
(Definitions) a “medical service, clinic” is defined as follows:
“Medical services, clinics" means facilities primarily engaged in furnishing outpatient medical, mental health, surgical, and other personal health services. These include: medical, dental, and psychiatric offices (counseling services by other than medical doctors or psychiatrists are included under "offices"); outpatient care facilities; emergency room services; and allied health services. Associations or groups primarily engaged in providing medical or other health services to members are included.”
FINDINGS
Findings for Approval: To grant a land use approval, the decision-making body must affirmatively
establish that the project meets codified findings for approval. Findings establish the evidentiary basis for a City's decision to grant or deny a land use approval and to impose conditions of approval as necessary to establish the findings. The applicable findings depend upon the type of land use
approval under review. This application requires establishment of findings for a Conditional Use
Figure 2: Floor Plan
Staff Report ~ Planning Commission Meeting of June 13, 2023 Page 4 of 6 PLN-2023-41 ~ 1402 Camden Avenue
Permit, Site and Architectural Review Permit. The following analysis identifies each of the applicable findings in italics and how the proposed project satisfies them.
Conditional Use Permit Findings: Pursuant to CMC Section 21.46.040 (Findings and decision),
prior to making the findings for a Conditional Use Permit, the Planning Commission must first affirmatively establish all six (6) of the findings described in italics below. An explanation of how the project meets each finding is provided.
A. 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 Campbell Municipal Code;
The project proposes to operate a plastic surgery office, which constitutes a "medical services, clinic" use per the Campbell Municipal Code and defined above. The “medical services, clinic” use is allowed within the C-2 Zoning District upon approval of a
Conditional Use Permit. This allows the City to impose operational requirements as
conditions of approval to ensure that the implementation does not result in negative impacts to the surrounding areas.
B. The proposed use is consistent with the General Plan;
The General Plan Land Use designation of General Commercial allows for commercial
uses that need exposure to high volumes of traffic or access to transit corridors. The
proposed use is consistent with the General Plan Land Use designation of General Commercial, because it proposes to provide a service utilized by a mix of clientele arriving from various locations in and outside the City. The applicant’s proposal may also be found to further the following General Plan policies and strategies:
Policy LUT-13.1: Variety of Uses: Attract and maintain a variety of uses that create an economic
balance within the City while maintaining a balance with other community land use needs, such as housing and open space, and while providing high quality
services to the community.
Policy LUT-5.1: Neighborhood Integrity: Recognize that the City is composed of residential,
industrial and commercial neighborhoods, each with its own individual character; and allow change consistent with reinforcing positive neighborhood values, while protecting the integrity of the city’s neighborhoods.
Strategy LUT-13.1b: Business Retention and Attraction: Develop programs to retain and attract
businesses that meet the shopping and service needs of Campbell residents.
C. 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;
The project site is an existing property that already is adequate to accommodate fences, walls, landscaping, parking and loading facilities, and yards necessary to accommodate the
proposed medical service, clinic use. No new development features are proposed. The site
provides approximately 25 parking stalls which are shared between the four tenants. Based on the tenant uses, there is a deficiency of 5 stalls per the parking requirements by land use as required by CMC Section 21.28.040 (Number of parking spaces required) . A Reciprocal Agreement (reference Attachment E – Reciprocal Agreement) recorded with the
property, however, provides for a shared parking and access agreement between the Project
Site and the neighboring property to the south (1450 Camden Avenue) which provides an
Staff Report ~ Planning Commission Meeting of June 13, 2023 Page 5 of 6 PLN-2023-41 ~ 1402 Camden Avenue
additional 38 parking stalls. Together, the sites provide a combined total of 63 parking stalls, which satisfies the City’s parking requirements of the all the existing tenants and the proposed medical services, clinic use.
D. 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;
Allowing a new medical service, clinic use at the proposed location is not anticipated to result in an appreciable increase in the amount of traffic generated by the business. The tenant space is approximately 2,490 square feet with seven exam rooms, and located along
a Class I arterial street. Given the size and location, the use is considered a “small project” as defined by California SB 743, which provides thresholds for measuring transportation impacts in California. The City’s Department of Public Works Traffic Engineer does not anticipate the new use to generate more than 110 daily vehicle trips. Therefore, the proposal can be assumed to cause a “less than significant transportation impact,” and does not meet
the threshold for further traffic analysis per SB 743.
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; and
The proposed plastic surgery office is compatible with surrounding uses, which are
comprised of a mix of general commercial uses including restaurants, personal services, and professional offices. The proposed use will operate similarly to the previous personal service establishments, with a large, windowed storefront opening directly into the reception area. To maintain a commercial appearance, the project will be conditioned to ensure the façade windows are not obscured.
While in general, allowing a medical office within a commercial center could negatively impact adjoining restaurant businesses due to a loss in foot traffic, in this instance, due to the location along a Class I Arterial Street, heavy foot traffic is not anticipated at this location. Additionally, the former tenants (hair stylist and beauty spa) of 1402 Camden Avenue are similar in many respects to the proposed plastic surgery office use as they
operated with similar hours and on an appointment basis. For this reason, the proposed use would maintain the existing site conditions in terms of past operations and intensity.
E. 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.
Although the Municipal Code does not provide standard operational requirements for the “medical services, clinic” use, the proposal should not create a nuisance due to “the emissions of dust, fumes, glare, heat, liquids, noise, odor, smoke, steam, vibrations, or
similar disturbances” CMC Section 21.46.040 (Findings and decision). To ensure that reasonable levels of noise are maintained at all times, Staff is recommending that Conditions of Approval be adopted to ensure that noise is reduced to limit any impact on nearby residential uses. Staff is also recommending Conditions of Approval that restrict outdoor activities (e.g., cleaning activities, deliveries, trash removal) to 6 a.m. to 10 p.m.).
Staff Report ~ Planning Commission Meeting of June 13, 2023 Page 6 of 6 PLN-2023-41 ~ 1402 Camden Avenue
Furthermore, due to the location of the site along a Class I Arterial Street (Camden Avenue) surrounded by a mix of general commercial uses, and the nature of the plastic surgery office, staff does not anticipate that the business will create a nuisance relative to noise and
traffic.
Public Comment: The project was noticed to all property owners within 300 feet of the subject property and publicized in the newspaper (Metro). No public comment was received on this application.
Attachments:
A. Draft Resolution
B. Project Plans
C. Project Description
D. Reciprocal Agreement
Prepared by:
Larissa Lomen, Assistant Planner
Approved by:
Rob Eastwood, Community Development Director
RESOLUTION NO. BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING APPROVAL OF A CONDITIONAL
USE PERMIT (PLN-2023-41) TO ALLOW A CHANGE OF USE FROM AN EXISTING “PERSONAL SERVICES” USE (BEAUTY SPA AND HAIR STYLIST) TO A “MEDICAL SERVICES, CLINIC” USE (PLASTIC SURGERY) WITHIN AN EXISTING MULTI-TENANT COMMERCIAL
BUILDING ON PROPERTY LOCATED AT 1402 CAMDEN AVENUE IN
THE C-2 (GENERAL COMMERCIAL) ZONING DISTRICT.
After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed.
The Planning Commission did find as follows with regard to application PLN-2023-41:
1. The Project Site is zoned C-2 (General Commercial) and designated General
Commercial by the General Plan.
2. The Project Site is an approximately 16,117 square-foot parcel located on the southeast
corner of Camden Avenue and Erin Way, and was annexed into the City of Campbell in 2013.
3. The Project Site is currently developed with a single-story 5,060 square-foot commercial building, with four (4) tenant spaces that include a mix of commercial uses including a beauty spa, hair salon, and two restaurants.
4. The Project Site is located within a commercial corridor along a Class I Arterial Street (Camden Avenue) which includes a mix of general commercial uses including restaurants, personal services, and professional offices. Low density residential land uses occur just outside the commercial corridor and abut the Project Site to the north.
5. The applicant is requesting approval of a Conditional Use Permit to allow a change of
use from an existing “personal services” use (beauty spa and hair stylist) to a “medical services, clinic” use (plastic surgery) within an existing multi-tenant commercial building.
6. The proposal was deemed complete on April 28, 2023, and therefore was reviewed under the previous General Plan and Zoning Code, pursuant to CMC Sec. 21.01.050.E.
=
7. The proposed use of the Project Site as a “medical services, clinic” use is allowed within the C-2 Zoning District through the approval of a conditional use permit as described in Campbell Municipal Code Sec. 21.10.050 (C-2 [General Commercial] zoning district). The project proposes to operate a plastic surgery office without outpatient care as
described in the Project Description included in the June 13, 2023, Staff Report as Exhibit
C, which constitutes a "medical services, clinic" per the Campbell Municipal Code.
"Medical services, clinics" means facilities primarily engaged in furnishing outpatient medical, mental
health, surgical, and other personal health services. These include: medical, dental, and psychiatric offices (counseling services by other than medical doctors or psychiatrists are included under
"offices"); outpatient care facilities; emergency room services; and allied health services. Associations or groups primarily engaged in providing medical or other health services to members are included.
Attachment A
Planning Commission Resolution No. Page 2 of 4 1402 Camden Avenue Conditional Use Permit (PLN-2023-41) – Eric Li Plastic Surgery
8. The business would operate between 9:00 A.M. and 5:30 P.M. Monday through Friday for customer serving hours. Customers shall be seen by appointment only.
9. The site provides approximately 25 parking stalls which are shared between the four tenants. Based on the tenant uses, there is a deficiency of 5 stalls. A reciprocal
agreement recorded with the County of Santa Clara, however, provides for a shared parking and access agreement between the Project Site and the neighboring property to the south (1450 Camden Avenue) which provides an additional 38 parking stalls. Together, the sites provide a combined total of 63 parking stalls, which satisfies the parking requirements of the all the existing tenants and the proposed medical services,
clinic use.
10. Allowing a plastic surgery office will satisfy the purpose/intent of the General Commercial General Plan land use designation which, as noted, is intended support a variety of uses, and retain businesses within Campbell. The applicant’s proposal may also be found to further the following General Plan policies and strategies:
Policy LUT-13.1: Variety of Uses: Attract and maintain a variety of uses that create an economic balance within the City while maintaining a balance with other community land use needs, such as housing and open space, and while providing high quality services to the community.
Strategy LUT-13.1: Business Retention and Attraction: Develop programs to retain and attract businesses that meet the shopping and service needs of Campbell residents.
Policy LUT-11.2: Services Within Walking Distance: Encourage neighborhood services within walking distance of residential uses.
11. Approval of a Conditional Use Permit shall supersede all prior land use entitlements related to the subject property except as specified within the reciprocal easement agreement for ingress, egress, and parking, recording with the County of Santa Clara on November 5, 2008 (Document 20038244), and included as Exhibit D in the June 13, 2023, Staff Report.
12. In review of the proposed project, the Planning Commission also weighed the public need for, and the benefit to be derived from, the project, against any impacts it may cause.
13. 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.
14. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that:
Conditional Use Permit Findings (CMC Sec. 21.46.040):
1. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment;
Planning Commission Resolution No. Page 3 of 4 1402 Camden Avenue Conditional Use Permit (PLN-2023-41) – Eric Li Plastic Surgery
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 Campbell Municipal Code;
3. The proposed use is consistent with the General Plan;
4. 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;
5. 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;
6. 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;
7. 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;
Environmental Finding(s) (CMC Sec. 21.38.050):
8. The project is Categorically Exempt under Section 15301 (Class 1) of the California Environmental Quality Act (CEQA), pertaining to the operation and leasing, and minor alteration of an existing private structure.
9. 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.
Planning Commission Resolution No. Page 4 of 4 1402 Camden Avenue Conditional Use Permit (PLN-2023-41) – Eric Li Plastic Surgery
THEREFORE, BE IT RESOLVED that the Planning Commission grants approval of a Conditional Use Permit (PLN-2023-41) to allow a change of use from an existing “personal services” use (beauty spa and hair stylist) to a “medical services, clinic” use (plastic surgery) within an existing multi-tenant commercial building on property located at 1402 Camden
Avenue, subject to the attached Conditions of Approval (attached Exhibit A).
PASSED AND ADOPTED this 13th day of June, 2023, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
APPROVED:
Adam Buchbinder, Chair
ATTEST:
Rob Eastwood, Secretary
EXHIBIT A
CONDITIONS OF APPROVAL Conditional Use Permit
(PLN-2023-41)
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.
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
1. Approved Project: Approval is granted for a Conditional Use Permit (PLN-2023-41) to allow a change of use from an existing “personal services” use (beauty spa and hair stylist) to a “medical services, clinic” use (plastic surgery office) within an existing multi-
tenant commercial building on property located at 1402 Camden Avenue. The project shall substantially conform to the Project Description and Project Plans included as Attachments B and C in the June 13, 2023 Planning Commission Staff Report, except as may be modified by the Conditions of Approval contained herein.
2. Permit Approval Expiration: The Conditional Use Permit approved herein ("Approval")
shall be valid for one (1) year from the effective date of Planning Commission approval (expiring June 13, 2024). Within this one-year period a Building Permit for the project must be issued pursuant to CMC Sec. 21.56.030.B.1. Failure to meet this deadline or expiration of an issued Building Permit shall result in the Approval being rendered void. Once established, this Approval shall be valid in perpetuity on the Project Site, subject
to continued operation of the use. Discontinuation of the use for a continuous period of twelve months shall void the Approval upon an affirmative determination by the Planning Commission in a public hearing that the use has been discontinued.
3. Planning Final Required: Planning Division clearance is required 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.
4. Timely Completion: Once under construction it shall be the obligation of the property owner and contractor to demonstrate continued progress on the project. In the event the building permit expires, the City may impose fines or exercise administrative remedies
to compel timely completion of work.
5. Plan Revisions: The construction plans submitted for a building permit shall incorporate the following. The Conditions of Approval shall be printed on a separate sheet behind the cover sheet.
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a. Landscaping: Depict a minimum of eight (8) trees per parking space on the project site.
b. Circulation: Update the site plan to include painted arrows and signage located at the property lines indicating which drive aisles are one-way, and which are
two-way.
c. Signage: Include signage that notifies patrons of the reciprocal parking agreement, which allows patrons to park in the 1450 Camden parking lot.
6. Operational Standards: Consistent with the submitted Project Description and City standards, a medical services, clinic pursuant to this Approval shall conform to the
following operational standards. Significant deviations from these standards (as
determined by the Community Development Director) shall require approval of a Modification to the Conditional Use Permit.
a. Approved Use: The approved use is a "medical services, clinic" as defined by the Campbell Municipal Code, and as limited by the operational standards listed herein.
At no time shall the use be operated as a "medical services, extended care".
b. Maximum Occupancy: A maximum of seven (7) procedure rooms shall be permitted within the medical services clinic, subject to the applicable restrictions of the California Building Code (CBC).
c. Business License: The business shall be required to obtain and maintain a City
business license at all times.
d. Medical Waste Disposal: All medical waste shall be properly disposed of as required by the Santa Clara County Department of Environmental Health and/or the California Department of Public Health.
e. Licensed Medical Professionals: All procedures involving penetration of skin (e.g.,
injections and drips) are required to be performed solely by licensed medical professionals.
f. Hours of Operation: The approved medical services, clinic may operate between the hours of 8:00 A.M. and 7:00 P.M. Monday through Friday.
g. Trash Disposal and Clean-Up: Refuse and recycling receptacles shall be kept
within the enclosure except during collection in compliance with Chapter 6.04 of the Campbell Municipal Code. All trash disposal, normal clean-up, carpet cleaning, window cleaning, sidewalk sweeping, etc. shall occur during the "operational hours."
h. Odor Mitigation: The medical service, clinic use shall be designed and operated in
a manner so as to guarantee that no objectionable odors or noises shall be produced outside its walls, and provisions for the off-site disposal of all waste materials shall be made in compliance with County health standards. The removal of waste material shall be done so as to guarantee that no obnoxious odor is produced.
i. Smoking: "No Smoking" signs shall be posted on the premises in compliance with
CMC Section 6.11.060.
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j. Loitering: There shall be no loitering allowed outside the business. The business owner is responsible for monitoring the premises to prevent loitering, including contacting the Police Department as necessary to enforce this requirement.
k. Noise: Regardless of decibel level, no noise generated by the approved shall
obstruct the free use of neighboring properties so as to unreasonably interfere with the comfortable enjoyment of the neighboring residents. In the event verified complaints are received by the City regarding such noise, the Community Development Director may immediately curtail the Hours of Operation and/or commence revocation proceedings pursuant to Condition of Approval No. 12
(Revocation of Permit). The following restrictions shall also be adhered to limit potential noise impacts:
a. Doors shall remain closed at all times and will not be propped open to contain interior noise.
b. Deliveries shall be restricted to between the hours of 8:00 AM and 8:00 PM.
l. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment, materials, and/or refuse stored outside the building or within the adjacent parking lot area.
m. Outdoor Display: No outdoor display of merchandise is allowed on the subject property.
n. Lighting: On-site lighting shall be shielded away from adjacent properties and directed on-site. The final 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 for compliance with the City of Campbell Lighting Design Standards (CMC Sec. 21.18.090).
o. Façade: Facades shall maintain floor to ceiling windows, which shall be kept clear of any obstructions, excluding shade providing window treatments such as blinds and curtains which shall obscure no more than 40% of the window area, to provide an inviting and attractive setting for pedestrians.
p. Parking Management: In the event that three verifiable complaints are received by
the City regarding parking, the Community Development Director may require establishment of limited duration parking, reduce the permitted occupancy, limit the hours of operation, require greater staggering of visits, require additional parking management strategies and/or return the project to the Planning Commission for review.
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. Exterior areas of the business shall include not only the parking lot and private landscape areas, but also include the public right-of-way adjacent to the business.
8. Landscape Maintenance: All landscaped areas shall be continuously maintained in
accordance with City Landscaping Requirements (CMC 21.26). Landscaped areas shall
Planning Commission Resolution No. Page 4 of 5 1402 Camden Avenue Conditional Use Permit (PLN-2023-41) – Eric Li Plastic Surgery
be watered on a regular basis so as to maintain healthy plants. Landscaped areas shall be kept free of weeds, trash, and litter. Dead or unhealthy plants shall be replaced with healthy plants of the same or similar type.
9. Signage: No signage is approved as part of the development application approved
herein. New signage shall not be installed prior to approval of a sign permit.
10. 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. Parking spaces shall be free of debris or other obstructions.
11. Construction Activities: The applicant shall abide by the following requirements during
construction:
a. The Project Site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to the issuance of building permits.
b. 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.
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. Use standard dust and erosion control measures that comply with the adopted Best Management Practices for the City of Campbell.
12. Revocation of Permit: Operation of a medical services, clinic use pursuant to this Approval is subject to Chapter 21.46 of the Campbell Municipal Code authorizing the
appropriate decision making body to modify or revoke an Conditional Use Permit if it is
determined that its operation has become a nuisance to the City’s public health, safety or welfare or for violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell. At the discretion of the Community Development Director, if the establishment generates three (3) verifiable complaints related to
violations of conditions of approval and/or related to its operation within a twelve (12)
month period, a public hearing may be scheduled to consider modifying conditions of approval or revoking the Conditional Use Permit. The Community Development Director may commence proceedings for the revocation or modification of permits upon the occurrence of less than three (3) complaints if the Community Development Director
determines that the alleged violation warrants such an action. The Director may also at
Planning Commission Resolution No. Page 5 of 5 1402 Camden Avenue Conditional Use Permit (PLN-2023-41) – Eric Li Plastic Surgery
such time immediately restrict the establishment's hours of operation. In exercising this authority, the decision-making body may consider the following factors, among others:
a. The number and types of Police Department calls for service at or near the establishment that are reasonably determined to be a direct result of customer
and/or employee actions;
b. The number of complaints received from residents, business owners and other citizens concerning the operation of an establishment regarding, noise, and/or other operational impacts; and
c. Violation of conditions of approval.
Building Division
13. Permit Required: A Building Permit application shall be required for the proposed project. The Building Permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit.
14. Conditions of Approval: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
15. Plan Revisions: Upon submittal for a Building Permit, include the following:
a. Fire Safety Exit Plan: State if the building is equipped with a fire sprinkler system, show the placement of exit signs, emergency lighting, exterior emergency lighting at the exit doors, alarm panels, fire extinguishers, HVAC
smoke detection, and any other suppression elements. Specify door locks and panic hardware per CBC 1010.1.9.
b. Accessibility Plan: Show the Accessible Path of Travel from the sidewalk, parking, into the building, continue the path to the reception area, and the restroom, and any lounges, break rooms or communal employee areas. Show
signage placement. Note the counter top heights in all areas. Show a detail of the restrooms that includes grab bars, mirrors, heights, and specific dimensioning. Identify the Accessible waiting area. Identify the Accessible employee common areas such as break rooms or meeting rooms where the counters, storage cabinets, sinks, and electrical devices are within reach
ranges.
File No: PLN2023-41
Address: 1402 Camden Avenue
Application: Conditional Use Permit
Additional Information/Project Description
The office/clinic will operate standard business hours from Monday to Friday between the
hours of 9:00am - 5:30pm by appointment only with clinic closed during the weekends.
There will be one licensed physician/provider providing all services with a total of 4 part-time
office employees assisting during business hours with varying workdays. A total of 2 staff
members will be assisting the provider on any given day. Staff generally do not work outside of
office hours.
The use of the office/clinic is to see patients for consultations, follow up appointments, and
minor aesthetic procedures. These procedures will be minimally invasive or non-invasive and
will not involve general anesthetic. All procedures will only require topical or local anesthetic.
As such, outpatient care is not necessary, and the clinic will also not need to accommodate any
overnight and/or extended stays. Patients will not require special assistance to leave the office,
nor will any procedure limit the mobility of any patient.
Examples of specific procedures:
Skin/scar removal (e.g., mole removal)
Intravenous (IV) infusions
Lasers
Dermal fillers
Neuromodulators (e.g., Botox)
Chemical peels
Radiofrequency skin tightening
Description: Santa Clara,CA Document - DocID 20038244 Page: 1 of 7
Order: rwf Comment:
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Order: rwf Comment:
ITEM 4
To: Chair Buchbinder and Planning Commissioners Date: June 13, 2023
Prepared: Daniel Fama, Senior Planner
Reviewed: Rob Eastwood, Community Development Director
Subject: Preliminary Application Study Session
File No.: PLN-2023-74 ~ 653-695 Campbell Technology Pkwy
PURPOSE
The purpose of this study session is to present a preliminary application for a 334-unit townhome
development submitted pursuant to the Housing Crisis Act and under a provision of the Housing
Accountability Act colloquially referred to as "Builder's Remedy" as discussed further below
(reference Attachments A and B – Project Description and SB-330 Pre-App Checklist). The scope
of the proposed project requires review of the pre-application materials by the Planning Commission
in a study session pursuant to Campbell Municipal Code (CMC) 21.41.020.A.1 The study session
process provides an opportunity for the Planning Commission (and the public) to provide feedback
during the early stages of the planning process in order to facilitate preparation of a formal
application. Comments provided to the applicant on the preliminary application, however, are
advisory in nature and are not binding on the formal application.
LEGISLATIVE CONTEXT
Housing Crisis Act: The Housing Crisis Act, commonly referred to as "SB-330" is a broad law that
contains various elements, among which is a vesting pre-application process for "housing
development projects"2. This particular provision, in association with related changes to the Permit
Streamlining Act, allows a developer to submit preliminary plans to the city that vest ("lock-in")
zoning code standards, General Plan policies, and building/fire codes that are in effect at the time
of submittal.
After submitting the pre-application, a developer has up to 180 days to submit a formal development
application. Upon submittal, the city must inform the developer within 30 or 60 days, depending on
the number of units in the project, if the project is consistent with all objective standards. The city
must then render a decision on the application within 60 days after making its CEQA determination,
and construction of the project must commence within 2 ½ years following the date of final City
approval. Any changes to the formal application must not increase the number of residential units
or square footage of construction by more than 20% of that shown on the preliminary plans to avoid
triggering a requirement for a new pre-application3. Additionally, the housing development project
may not result in a net loss of residential units, and any "protected" units (those occupied by lower-
1 The comprehensive Zoning Code update that was adopted in tandem with the new 2040 General Plan and Housing
Element will no longer require preliminary application review of housing development projects. However, developers
may still voluntarily submit a preliminary application proposal should they wish to solicit feedback from the City.
2 Generally meaning a 100% residential project or a mixed-use project where 66% of the square-footage is residential.
3 The limitation on adding units or floor area after pre-application submittal does not apply to units or area gained
through exercise of a Density Bonus.
MEMORANDUM
Community Development Department
Planning Division
PC Study Session Memorandum – June 13, 2023 Page 2 of 7
PLN-2023-74 ~ 653-695 Campbell Technology Parkway
income households) that are demolished, must be replaced with equivalent units with affordable
rents and relocation benefits provided to displaced tenants.
Housing Accountability Act & Builder’s Remedy: The Housing Accountability Act is the law that
forbids the City to "deny, reduce the density for, or render infeasible" a housing project that
complies with "objective" general plan/zoning standards. In addition, the law also includes a
provision, often referred to as "Builder's Remedy", that compels cities that do not have an adopted
and certified housing element to approve a housing development project satisfying certain
affordability criteria, irrespective of consistency with the General Plan or Zoning Ordinance (see
Finding 5). The five findings which would allow denial of an eligible project have been summarized
from Government Code Section 65589.5, as follows (review for compliance with these findings
will be part of the formal application submittal):
1. The city or county has met or exceeded its Regional Housing Needs Allocation (RHNA)
for the proposed income categories in the development.
2. The housing development or emergency shelter would have a specific adverse impact on
public health and safety, and there is no way to mitigate or avoid the impact without making
the development unaffordable. The impact must be based on objective, written public health
or safety standards in place when the application was deemed complete.
3. The denial or condition is required to meet state or federal law, and there is no feasible
method to comply without making the development unaffordable.
4. The project is proposed on land zoned for agriculture or resource preservation that is
surrounded on at least two sides by land being used for agriculture or resource preservation
or there are not adequate water or sewage facilities to the serve the project.
5. The project is inconsistent with both the zoning ordinance and the land use designation
as specified in any general plan element. (Note: A city or county cannot make this finding
if it has not adopted a housing element in substantial compliance with state law.)
Reference:https://abag.ca.gov/sites/default/files/documents/2022-10/Builders-Remedy-
and-Housing-Elements.pdf
As with most cities in the Bay Area, Campbell failed to adopt a certified housing element by the
January 31, 2023, deadline established by the State, and therefore, became temporarily susceptible
to "Builder's Remedy" until the Housing Element was adopted on April 18, 2023, and certified by
the California Department of Housing and Community Development on May 30, 2023.
HCD Determination: In a technical assistance letter issued last year to the City of Santa Monica,
the California Department of Housing and Community Development (HCD) determined that a pre-
application submitted pursuant to the Housing Crisis Act could serve to vest a "Builder's Remedy"
project.
PROPERTY BACKGROUND
Project Site: The 17-acre project site is the Campbell Technology Park, a four-parcel research and
development campus consisting of four buildings totaling 280,000 square feet, developed under a
Planned Development Permit approved by the City Council on December 1, 1997. The site is
PC Study Session Memorandum – June 13, 2023 Page 3 of 7
PLN-2023-74 ~ 653-695 Campbell Technology Parkway
bordered by the Paseo de Palomas mobile home park to the east, Highway 17 to the west, and Edith
Morley Park to the south, across Campbell Technology Parkway.
The Campbell Technology Park campus was developed on the former site of the Winchester Drive-
in Theater, which closed in 1984. The City's former redevelopment agency had acquired the
property and facilitated its sale and development through negotiation of a development and
disposition agreement (DDA). In transferring the property to the developer, the City encumbered
the grant deed with a requirement that the property be maintained in a manner consistent with the
Redevelopment Plan—precluding residential development—for 30 years (from the date of the
DDA) or the life of the redevelopment plan, whichever was longer4. This means that the property
cannot be developed for residential use until 2027, unless the property owner renegotiates the
terms of the DDA with the City.
Housing Element: On April 18, 2023, the City Council adopted the City’s 2040 General Plan and
Housing Element which included a land use map that designated the northerly three parcels of the
Campbell Technology Park (13.76 acres) for high-density residential development and retained the
existing research and development designation for the southernmost parcel (3.51 acres).
Recognizing the adopted land use designation(s) for the property conflict with the owner’s interest
to redevelop the entire site for lower-density townhomes, the City Council separately directed staff
to renegotiate the terms of the DDA and explore the viability for relocation of the Campbell
Technology Park to the Campbell Technology Park and return with other feasible locations within
the next 18 months (by October 2024).
4 The original DDA was executed on January 7, 1997, but was superseded with an amended agreement dated
November 18, 1997.
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PLN-2023-74 ~ 653-695 Campbell Technology Parkway
PROJECT DATA
General Plan Designation: Research and Development
Zoning Designation: P-D (Planned Development)
Area Plan(s): N/A
Proposed Density: 19.33 units/gr. acre.
Proposed Units: 334 units
Lot Area: 17.28 acres (all four parcels)
Building Height: 36 feet
Floor Area Ratio (FAR) 1.05
Building (Lot) Coverage: Unknown
Building Floor Area: 793,336 square-feet
Parking: 764 stalls (2.29/unit
Note: General Plan and Zoning Designations based on standards in effect at the time of project
submittal (April 18, 2023) not those designations/standards currently in place.
DISCUSSION
In consideration that applicant’s proposal was submitted prior to the adoption of the General Plan
and Housing Element, only the standards in effect at the time the application was submitted are
applicable to the review of the project. Accordingly, the project is not subject to the new General
Plan, Housing Element, or recently adopted Multi-Family Development and Design Standards.
Instead, review of the project relies on the City’s pre-existing policies, permit processes, and
standards – the majority of which are not objective or enforceable under the Housing Accountability
Act.
As noted in the Project Data, the entire project site was zoned P-D (Planned Development) and
therefore remains subject to the requirements of the district. The P-D (Planned Development) zoning
historically relied on a discretionary review process, which is no longer enforceable under the
Housing Accountability Act, very few, if any, development standards typically provided by the
zoning district (i.e., setbacks, floor area ratio, lot coverage) are enforceable. Generally applicable
standards, however, such as citywide maximum height limit, fence standards, utility undergrounding
requirements, and landscaping standards still apply but are not anticipated to present significant
challenges for the applicant to address as part of the formal application once submitted (see related
discussion under “Next Steps”).
Further, while the project is subject to the City’s 1994 Design Guidelines for Low-Medium Density
Residential Development, given their intent as “Guidelines” rather than as objective development
and design standards, the only clearly enforceable requirement serves to prohibit units from backing
onto a public street, which their project layout appears to satisfy (see related discussion under
“Proposal/Site Layout”).
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PLN-2023-74 ~ 653-695 Campbell Technology Parkway
Proposal/Site Layout: The preliminary site plan shows 334 townhome units spread across 53
buildings ranging from 3-units to 8-units wide (reference Attachment C - Preliminary Plans). The
site would be divided into two halves by a central roadway, where each half would be differentiated
by a modified architectural style. All residences would take vehicular access from internal private
roadways that would connect to Campbell Technology Parkway at three points. As with the current
tech park campus, vehicular traffic would be funneled towards McGlincy Lane, since Cristich Lane
remains a private street. The public street frontage would be framed by the townhome rows that
would look towards Edith Morley Park. An internal network of sidewalks is shown throughout the
site.
In consideration of the Site Layout, the County Fire District has determined that secondary
emergency vehicle access to the site is required, in addition to the primary access through Campbell
Technology Parkway. While it may be possible for the project to use an existing emergency access
easement located at the northeast corner of the site to provide a secondary means of access to the
site (Attachment D – Easement), the applicant would need to demonstrate that they have a legal
right to use that easement and that the roadway would satisfy minimum design requirements.
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PLN-2023-74 ~ 653-695 Campbell Technology Parkway
Public Improvements: The conceptual level of the drawings is such that is unclear to what extent
the project may propose widening of the Campbell Technology Parkway and how the street would
intersect with the private roadways. The Public Works Department's comment sheet provides
preliminary comments addressing this matter (reference Attachment E). Of note, the modification
of the existing cul-de-sac at the terminus of Campbell Technology Parkway is not supported.
Architectural Design: The preliminary plans depict the anticipated design of the residential
townhome buildings that would be largely characterized by contemporary forms and features,
including flat roofs, rectangular insets and offsets, fiber-cement lap siding, stucco panels, and metal
railing and garage doors.
Parking: Under the recently adopted 2022 law, Assembly Bill (AB) 2097, the City "shall not impose
or enforce any minimum automobile parking requirement on a residential, commercial, or other
development project if the project is located within one-half mile of public transit." The project site
is located ½ mile from the Winchester Light Station and is, therefore, not subject to a parking
requirement, irrespective of station being physically separated from the light rail station by Highway
17. Nonetheless, the application indicates provision of 764 parking spaces, inclusive of 2 garage
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PLN-2023-74 ~ 653-695 Campbell Technology Parkway
spaces per unit and 96 guest surface stalls throughout the site, for a ratio of 2.29 units/unit. In
comparison, the City's parking standard, should AB 2097 not apply, would have otherwise required
3 spaces/unit (2 ½ spaces per unit on average + ½ guest parking space).
Affordable Housing: To be eligible for the "Builder's Remedy" provisions, the applicant indicates
that 20% of the townhome units will be affordable at the "lower-income" level. This exceeds the
City's 15% affordability requirement under the Inclusionary Housing Ordinance that requires a
combination and "low" and "moderate" units. The 20% affordability requirements will also make
the project eligible for concessions and waivers under State Density Bonus law.
CEQA: As the property is not designated for residential development under the 2001 General Plan,
it does not qualify for any applicable categorical exemptions under the California Environmental
Quality Act (CEQA). As such, an Initial Study to evaluate potential environmental impacts will be
prepared. If potential impacts are identified, which can be mitigated, a Mitigated Negative
Declaration (MND) may be prepared. However, if identified impacts cannot be mitigated,
preparation of an Environmental Impact Report (EIR) will be required.
NEXT STEPS
The formal application for this project will be processed as a Planned Development Permit. The
application will require review by the Site and Architectural Review Committee (SARC),
recommendation by the Planning Commission, and a decision by the City Council. Action by the
Council on this item will need to account for the Disposition and Development Agreement (DDA)
which prohibits redevelopment of the property until 2027, unless renegotiated.
Attachments:
A. Project Description
B. SB-330 Pre-App Checklist
C. Preliminary Plans
D. Easement
E. Public Works Department Comment Sheet
April 17, 2023
City of Campbell
70 N. First St.
Campbell, CA 95008
Dear Planning Division Staff,
Campbell Technology Park hereby submits, on April 17, 2023, an SB 330/Builder’s Remedy Application
which complies with state requirements set forth under Government Code section 65941.1. The City of
Campbell cannot lawfully reject this application and, to the extent it does, we will not hesitate to pursue any
and all available means to ensure the law is followed.
Your municipality does not currently have a Housing Element which has been adopted and found by the
California Department of Housing and Community Development to be in substantial compliance with Gov.
Code, § 65588.5 (Housing Element Law). As you do not currently have a compliant Housing Element, your
municipality is subject to Government Code section 65589.5(d), which requires approval of any 20% low-
income, or 100% moderate-income housing development project, regardless of its consistency with the
general plan land use element, or a zoning ordinance. This provision of housing element law is the so-called
“Builders’ Remedy” of the Housing Accountability Act, as referenced above.
The project that is subject to Campbell Technology Park’s SB 330/Builder’s Remedy application provides
that 20% of project units shall be set aside for low-income households in the manner required by the Housing
Accountability Act. The Builder’s Remedy, prohibits localities from denying housing development projects,
or imposing conditions of approval on a project which render the project infeasible, when the project is
consistent with the above-listed affordability requirements, unless the locality can make findings that the
proposed housing development would cause a threat to public health and safety that cannot be mitigated.
With respect to the instant application, the provisions of SB 330 provide that, when an application satisfies
all of the clear, simply requirements set forth in Government Code section 65941.1, it is deemed complete
by operation of law. The City has no say-so in whether the application is complete.
Should the City reject this application, it would be in violation of the Housing Accountability Act, potentially
subjecting the City to penalties of at least $10,000 per project unit and the reimbursement of Campbell
Technology Park’s attorney’s fees under Government Code section 65589.5(k).
Sincerely,
Timothy Pasquinelli
Campbell Technology Park, LLC
Attachment A
Attachment B
Attachment C
Attachment D
Page 1 of 1
MEMORANDUM CITY OF CAMPBELL
TO: Daniel Fama, Senior Planner DATE: 5/1/23
FROM: Roger Storz, Senior Civil Engineer
SUBJECT: DRC APPLICATION
Site Address: 635-695 Campbell Technology Parkway
For File No(s): PLN-2023-74
Project Description: Preliminary proposal for a 334-unit townhome community on a 17.28 acre
4-parcel assemblage (Campbell Technology Park).
Applicant: Bay West Development
PUBLIC WORKS DEPARTMENT PRELIMINARY COMMENTS
1.Street Improvements:
a.It is not clear from the submitted plan if the project proposes to widen the public street
Campbell Technology Parkway to provide on-street parking along the project’s
frontage.
b.The modification of the existing cul-de-sac at the southerly terminus of Campbell
Technology Parkway is not supported as it currently provides the required turn-around
space, and it was designed to provide a future connection to Cristich Lane.
c.Streetlighting will need to be evaluated along the project frontage as this change in use
will most likely trigger the need for increased streetlighting.
d.Stormwater treatment may be required for the right-of-way, see comment below.
2.Easements: there are multiple existing public and private easements within the properties that
conflict with the proposed development. The applicant will need to work directly with other
entities such as AT&T and the West Valley Sanitation District for the abandonment of their
specific easements. Vacation of any public easements will require submittal of separate
application(s) to the City for consideration by the City Council.
3.Stormwater Treatment: The updated C.3 requirements of the City’s new Municipal Regional
Permit (MRP) for Stormwater Treatment go into effect on July 1, 2023. As this project has
applied for an SB 330 Preliminary Application, this project will continue to be subject to the
existing MRP 2.0 requirements. If this project does not maintain compliance with the
requirements of the SB 330 Preliminary Application, then it will be subject to the new MRP
3.0 requirements which lowers the impervious area threshold to 5,000 square feet, including
any necessary off-site improvements. This would require additional stormwater treatment
facilities to treat the run-off from the off-site impervious areas being created /
reconstructed. Maintenance of said facilities would be the applicant’s sole responsibility.
Attachment E
ITEM NO. 5
To: Chair Buchbinder and Planning Commissioners Date: June 13, 2023
Prepared: Larissa Lomen, Assistant Planner
Reviewed: Rob Eastwood, Community Development Director
Subject: AB 2097 Study Session – Removal of minimum parking standards
File No.: PLN-2023-100 ~ AB 2097 Study Session
PURPOSE
The purpose of this study session is to present the effects and implementation of Assembly Bill (AB) 20971 within the City of Campbell. Assembly Bill 2097 (AB 2097) is a California law that became effective January 1, 2023, that prohibits public agencies or cities from imposing a minimum automobile parking requirement on most development projects located within a half-mile radius
of a major transit stop.
The Study session will include a PowerPoint presentation by staff describing the geographic areas in Campbell that are affected by 2097 and how the law will be applied to development projects. Included as an attachment is a map of all the parcels within the City of Campbell affected by AB
2097 (reference Attachment A – Projects Located Within One-Half Mile of Public Transit).
Attachments:
A. Projects Located Within One-Half Mile of Public Transit
1 Bill Text - AB-2097 Residential, commercial, or other development types: parking requirements. (ca.gov)
MEMORANDUM
Community Development Department
Planning Division
ÆaÆa
ÆaÆa
ÆaÆa
ÆaÆa
Æa
Æa
Æa
Æa
Æa
Æa
Æa
Æa
Æa
Æa
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Æa
Bascom &
El Solyo
Bascom &
Apricot
Bascom &
Dry Creek
Bascom &
Surrey
Fruitdale
Station
Bascom
Station
Hamilton
Station
CampbellStation
Winchester
Station
Hacienda
Vasona
Junction
L
LEMOYNE WAY
RINCON AVE
IMPALA DR
LLIAMSRD
WILLIAMSBURG DR
RNEDR
EISENHOWER DR
MCBAIN AVE
CHERRY GROVE DR
E
MORELAND WAY
LENN
ERWAY
XW
ARBRIGHTDR
TIO
W HACIENDA AVE
HAZEL AVE
SONADORC
SUNNYSIDE AVE
E CAMPBELL AVE
WOODARD RD
SONUCA CT
GRACE CT
A YOSECODR
SHELLEY AVE
ALPHA CT
REDDING RD
HILTON AVE
CHIVAS CT
CA
GALE DR
SOBEY RD
ICCENTERDR
VANDERBILTD
SHEFFIELDA
R
GLENN AVE
BISMARCK DR
LAURA CT
SMOKEY CT
HEDEGARD AVE
CAMEO
SHARON CT
VIRGINIA CT
T
KENNEDY AVE
GRIMSBYD
HUERTO DR
BUCKNAM AVE
H MILT
TWY
WALDO RD
Y
E
LOMA VERDE CND ACCESS
BENT DR
L
TUBBY ST
SUNNYPARK CT
DLERAVE
DR
CAPE COD CT
CT
MAVE
SUNNYMEAD CT
CONNIE DR
I
IWAY
DR
IDGELEY
MAPLE AVE
PARKLN
HAWTHORNE AVE
WILTON DR
W HAMILTON AVE
OLLISAV
DENVER DR
WESTVALLEY
TIBER
CASA MIA DR
TAVE
DOLORES DR
C
ME
EDR
KENDRAW
EL CAMINITO AVE
WROSEMARY
TRELL DR
CATAL
LINDAIRE AVE
WARTHMOREDR
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Prepared by Lynx Technologies
May 2023
Legend
Æa Major Transit Stops
Properties within the Buffer
Major Transit Stop One Half Mile Buffer
Transit Stop
Bascom & Apricot
Bascom & Dry Creek
Bascom & El Solyo
Bascom & Surrey
Bascom Station
Campbell Station
Fruitdale Station
Hacienda
Hamilton Station
Vasona
Winchester Station
City Limits
Properties Located within
One Half Mile of Public Transit