Loading...
10-25-2022 PC Final Hearing Packet REGULAR PLANNING COMMISSION MEETING City of Campbell, California Register in advance for this webinar: https://campbellca.gov/PCSignup. After registration, you will receive a confirmation email containing information about joining the webinar. During the registration process, you will be asked if you would like to speak on any of the agenda items. Please provide detail on the items you would like to discuss. October 25, 2022 7:30 p.m. City Hall, Council Chambers AGENDA NOTE: To protect our constituents, City officials, and City staff, the City requests all members of the public to follow the guidance of the California Department of Health Services', and the County of Santa Clara Health Officer Order, to help control the spread of COVID-19. Additional information regarding COVID-19 is available on the City's website at www.campbellca.gov. This Regular Planning Commission meeting will be conducted in person with the Commissioners meeting at City Hall, Council Chambers, as well as via telecommunication (Zoom) being available for members of the public. The meeting is compliant with provisions of the Brown Act. This Regular Planning Commission meeting will also be live streamed on Channel 26, the City's website and on YouTube at https://www.youtube.com/user/CityofCampbell for those who only wish to view the meeting but not participate. Those members of the public wishing to provide public comment at this meeting virtually are asked to register in advance at https://campbellca.gov/PCSignup. After registering, you will receive a confirmation email containing information about joining the meeting via Zoom. Members of the public may attend the meeting in person at Campbell City Hall - Council Chambers. If attending in person, face coverings and physical distancing will be required until further notice. Public comment for the Planning Commission meetings will be accepted via email at planning@campbellca.gov by 5 p.m. on the day of the meeting. Written comments will be posted on the website and distributed to the PC. If you choose to email your comments, please indicate in the subject line “FOR PUBLIC COMMENT” and indicate the item number. ROLL CALL APPROVAL OF THE MINUTES October 11, 2022 COMMUNICATIONS AGENDA MODIFICATIONS OR POSTPONEMENTS ORAL REQUESTS This is the point on the agenda where members of the public may address the Commission on items of concern to the Community that are not listed on the agenda this evening. People may speak up to 5 minutes on any matter concerning the Commission. Planning Commission Agenda for October 25, 2022 Page 2 of 2 PUBLIC HEARINGS 1. PLN-2022-67 Public Hearing to consider the request of Fahed Habayeb, for property located at 1614 W. Hacienda Avenue to allow for the construction of a new 3,963 square-foot dwelling using portions of the existing house. The application under consideration includes a Site and Architectural Review Permit. File No.: PLN-2022-67. 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 2. PLN-2022-85 Public Hearing to consider the request of Tom Tarn, SGPA Architecture and Planning, for property located at 1640 South Bascom Avenue Suite F to allow for a new medical services, clinic use within an existing commercial building. The application under consideration includes a Conditional Use Permit. File No.: PLN-2022-85. 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 REPORT OF THE RESIDENTIAL DESIGN STANDARDS SUBCOMMITTEE REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR ADJOURNMENT Adjourn to the next Regular Planning Commission meeting of November 8, 2022 at 7:30 p.m. This meeting will be in person for the members of the Planning Commission at Campbell City Hall, Council Chambers, 70 N. First Street, Campbell, CA. Members of the public are still allowed to participate remotely by Zoom or attend in person (as space allows while maintaining on-going face covering and social distancing). 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 Community Development Department, at planning@campbellca.gov or (408) 866-2739. CITY OF CAMPBELL Planning Commission Minutes 7:30 P.M. TUESDAY October 11, 2022 PLANNING COMMISSION REGULAR MEETING CITY HALL COUNCIL CHAMBERS The Planning Commission meeting on Tuesday October 11, 2022, was called to order at 7:30 p.m. in the Council Chambers of City Hall, 70 N. First Street, Campbell, CA, by Chair Ching and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Stuart Ching Vice Chair: Adam Buchbinder Commissioner: Davis Fields Commissioner: Maggie Ostrowski Commissioner: Michael Krey Commissioner: Alan Zisser Commissioners Absent: Commissioner: Matt Kamkar Staff Present: Director: Rob Eastwood Associate Planner: Tracy Tam City Attorney: Bill Seligmann Admin Analyst: Ken Ramirez APPROVAL OF MINUTES Approved September 13, 2022 meeting minutes, Commissioner Ostrowski abstained as she was absent in last meeting. COMMUNICATIONS None AGENDA MODIFICATIONS OR POSTPONEMENTS None Campbell Planning Commission Meeting Minutes – October 11, 2022 Page 2 ORAL REQUESTS Chair Ching opened public comments, hearing none, public comments closed. PUBLIC HEARINGS Chair Ching asked if any of the Commissioners had any disclosures, hearing none Chair Ching read Agenda Item No. 1 into the record as follows: PUBLIC HEARINGS 1. PLN-2022-13 Public Hearing to consider the request of TDDGUS (applicant for owner), for property located at 1429 & 1445 Westmont Avenue to allow for revisions to the architectural design and changes in floor area of a previously approved Planned Development Permit for a 6-lot single-family house subdivision and to extend the approval of the previously approved tentative map. The application under consideration includes a Major Planned Development Permit Modification and an Extension of Approval. File No.: PLN-2022-13. Staff is recommending that this item be deemed Categorically Exempt from CEQA. Tentative City Council Meeting Date: November 15, 2022. Project Planner: Tracy Tam, Associate Planner Associate Planner Tracy Tam presented the staff report to recommend approval for a 6-lot single-family house subdivision and to extend the approval of the previously approved tentative map. Agent for applicant, Kelly Erardi, wanted to improve the project by revising the architectural design and floor plans to better align with buyer expectations. Also, thought it would be good to add Junior ADU’s to the design and project. Planning Commissioners had questions regarding the permitting process which requires Planning Commission recommendation and City Council approval, garbage trucks feasibility to pick up garbage bins, and clarification on the Extension of Approval. Planning Commissioners were in favor of the project as they thought the design would be more appealing to buyers. Motion: Upon motion by Commissioner Krey, seconded by Commissioner Zisser, the Planning Commission adopted resolution No. 4656 recommending that the City Council approve a Planned Development Modification Permit and Extension of Approval for tentative map (PLN-2022-13) to allow for revisions to the architectural design and changes in floor area of a previously approved planned development permit for a six-lot single-family house subdivision and to extend the approval of the previously approved tentative map on property located at 1429 & 1445 Westmont Avenue, by the following roll call vote: AYES: Fields, Zisser, Ostrowski, Krey, Buchbinder, Ching NOES: None Campbell Planning Commission Meeting Minutes – October 11, 2022 Page 3 ABSENT: Kamkar ABSTAIN: None 2. PLN-2022-38 Public Hearing to consider the request of Torrance Delgado, SDA, Inc., for property located at 1480 West Campbell Avenue to allow a new government office and facilities (e.g. Social Security Administration) within an existing commercial building and a reduction to the required number of parking spaces. The application under consideration includes a Conditional Use Permit and Parking Modification Permit. File No.: PLN-2022-38. 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 Associate Planner, Tracy Tam presented the staff report to allow a new government office and facilities use (e.g. Social Security Administration) within an existing commercial building and reduction to the required number of parking spaces. Planning Commissioners asked whether the project plan adopted the City standard of parking spaces versus the Institute of Transportation Engineers (ITE) standard of parking spaces, how the consultant for the parking study was acquired, if there was going to be interior and exterior changes, and the operational plans for the hybrid staffing schedules resulting in an increase in staff working remotely. Associate Planner Tracy Tam clarified that we are using the municipal code requirements for a professional office parking requirements as there was not a separate parking standard to use specifically for government office and facilities, that Community Development Department has an agreement with the consultant directly but paid indirectly by the applicant through a pass-through fund to provide a firewall between consultants and the applicant , and that the Social Security Administration provides services in-person, by phone, and by appointment. City Attorney, Bill Seligmann, reminded Planning Commissioners that if a site visit is conducted it needs to be disclosed prior to the commencement of the public hearing. General rule is that any information that is going to be used and relied upon that is not included in the staff report, needs to be disclosed prior to the public hearing. Mark Biagiotti, President of SDA Inc, stated that current facility meets California seismic code but recognizes that Social Security Administration (SSA) may need to move out soon as the building does not meet Federal requirements. Mark Biagiotti stated that the SSA is moving towards a newer business model for SSA to have a call center model and reduce in-person visits by 50% across the next five years. Existing facility does not have a high volume of Visa applications and does not need as many technical representatives as other staff. Chair Ching closed public comment. Campbell Planning Commission Meeting Minutes – October 11, 2022 Page 4 Planning Commissioners commented that based on conditions of approval it seems like a reasonable path forward and although it is difficult to reconcile personal experiences with stats, it is important to go with “the science” but hope this is not an example in the future where they “should’ve held the line more.” Motion: Upon motion by Commissioner Buchbinder, seconded by Commissioner Ostrowski, the Planning Commission adopted resolution No. 4657 being a resolution of the Planning Commission of the City of Campbell granting approval of a conditional use permit and parking modification permit ( PLN-2022-38) to allow a government office and facilities (local, state, or federal) use within an existing building and to allow a reduction to the required number of parking spaces, for property located at 1480 West Campbell Avenue in the C-2 (General Commercial) zoning district, by the following roll call vote: AYES: Fields, Zisser, Ostrowski, Krey, Buchbinder, Ching NOES: None ABSENT: Kamkar ABSTAIN: None Chair Ching called for a 5- minute break. SPECIAL PRESENTATION 1. N/A Special presentation by Community Development Director Rob Eastwood on the Code of Conduct for Boards and Commissions. Director, Rob Eastwood, presented the Code of Conduct for Boards and Commissions and stated that the purpose of the presentation was to hear comments and provide gathered feedback to the City Council. Planning Commissioners had questions about what constitutes an outside agency and how would a board member or commissioner know what issues are in the pipeline and what would be considered in the future by the City Council. Commissioners stated concerns with implementing a policy that could intimidate potential candidates from applying to vacant positions within Boards and Commissions. Commissioners also stated that perception is part of the ethical standards and that it is important to try to use common sense to avoid issues with perception that there is no perceived conflicts of interest. City Attorney clarified in response to questions that it is perfectly fine for Commissioners to advocate for yourself before anyone but it is an issue when you are advocating on behalf of an outside entity regarding an issue that impacts a decision or action that the City would be taking. REPORT OF THE RESIDENTAL DESIGN STANDARDS SUBCOMMITTEE Commissioners Buchbinder stated that he attended a September 28 Developer’s forum and learned about the issues and impediments that would impact developers. Campbell Planning Commission Meeting Minutes – October 11, 2022 Page 5 REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR Director Eastwood reported the following: New State Legislation AB2097 prohibits any parking requirements on any type of development near any half-mile of any major transit stop. New State Legislation AB 2011 effectively states that in all commercial zones now have to allow affordable housing development by right. A handful of bills allowing more flexibility with ADU constructions. Multi-family development design standards is the new moniker of what was formally called Residential Design Standards. Planning on doing a joint City Council and Planning Commission meeting on November 1st, 2022 at 5:45pm on Multi-family development design standards. Will be scheduling two meetings with Planning Commission and City Council to discuss feedback from EIR, Public Review, and Housing and Community Development feedback process to identify the best Housing Sites for the Housing Element. Received feedback from HCD staff to prioritize developing Emergency Low Income Housing. HCD was most impressed that the City is doing their General Plan, Housing Element, and Design Standards concurrently. ADJOURNMENT The Regular Planning Commission meeting adjourned at 9:25 p.m. to the next Regular Planning Commission Meeting on Tuesday, October 25, 2022, at City Hall, Council Chambers, 70 N. First Street, Campbell, CA. SUBMITTED BY: ______________________________________ Ken Ramirez, Administrative Analyst APPROVED BY: ______________________________________ Stuart Ching, Chair ATTEST : ______________________________________ Rob Eastwood, Secretary CITY OF CAMPBELL ∙ PLANNING COMMISSION Staff Report ∙ October 25, 2022 PLN-2022-67 Gurajada, V. Public Hearing to consider the Application (PLN-2022-67) on behalf of Fahed Habayeb for a Site and Architectural Permit to allow construction of a new two- story single-family house utilizing portions of the existing structure on property located at 1614 West Hacienda Avenue in the R-1-9 (Single-Family Residential) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following action: 1. Adopt a Resolution (reference Attachment 1 – Draft Resolution), approving a Site and Architectural Permit to allow construction of a new two-story single-family house utilizing portions of the existing structure. ENVIRONMENTAL DETERMINATION Staff recommends that the Planning Commission find that this project is Categorically Exempt under Section 15303, Class 3, of the California Environmental Quality Act (CEQA), pertaining to the construction of a new single-family dwelling within a residential zone.. PROJECT DATA Zoning Designation: R-1-9 (Single-Family Residential) General Plan Designation: Low-Density Residential (less than 4.5 units/gr. acre) Net Lot Area: 9,115 square feet Gross Lot Area: 10,904 square feet Density: 4 units/gr. acre 4.5 units/gr. acre. (Max. Allowed) Building Height: Proposed: 26 feet, 8 inches 28 feet (Max. Allowed) Building Square Footage: First Floor 1,984 square feet Second Floor: 1,532 square feet Attached Garage: 447 square feet 3,963 square feet (Total Floor Area) Staff Report - Planning Commission Meeting of October 25, 2022 Page 2 PLN-2022-67 – 1614 W. Hacienda Ave Front/Rear Porches: 547 square feet 2,978 square feet (Total Lot Coverage) Floor Area Ratio (FAR): .43 (3,963 sq. ft.) .45 (4,101 sq. ft.) (Max. Allowed) Building (Lot) Coverage: 32% (2,978 sq. ft.) 35% (3,190 sq. ft.) (Max. Allowed) Parking: 2 spaces (covered) 2 spaces (Min. Required) Setbacks: Proposed Required Front (north): 30 feet 25 feet Side 1st Floor (east): 08 feet, 5 inches – 05 feet, 8 inches 08 feet, 7 inches* Side 1st Floor (west): 05 feet, 9 inches – 05 feet, 8 inches 06 feet* Side 2nd Floor (east): 16 feet, 8 inches – 10 feet, 8 inches 16 feet, 11 inches* Side 2nd Floor (west): 10 feet, 9 inches – 10 feet, 8 inches 11 feet, 1 inch* Rear (south): 51 feet 25 feet *The interior side property lines run along a bias resulting in a range of side setback measurements. PROJECT DESCRIPTION Project Location: The project site is a 9,115 square-foot parcel located along Hacienda Avenue, south of Westmont Avenue, west of Burrows Road, east of Harriet Avenue, and north of Pollard Road, within the City's San Tomas Area Neighborhood in the R-1-9 (Single-Family Residential) Zoning District, as shown on the map, below: Staff Report - Planning Commission Meeting of October 25, 2022 Page 3 PLN-2022-67 – 1614 W. Hacienda Ave Project Description: The applicant is seeking approval of a Site and Architectural Review Permit to allow construction of a new 3,963 square-foot two-story single-family house utilizing portions of the existing structure (reference Attachment 2 – Project Plans). The site is currently developed with a one-story, single-family house that will be remodeled and expanded as part of the project and the City has determined that the scope of work is classified as a “New Dwelling using portions of the original structure” pursuant to Campbell Municipal Code Section 18.32 (Definition of "Scope of Work"). As a new dwelling, the proposal requires Site and Architectural approval by the Planning Commission and is subject to additional California Building Code compliance and frontage improvement requirements. ANALYSIS Zoning District: The project site is located within the R-1-9 (Single-Family Residential) Zoning District and is within the boundaries of the San Tomas Area. Findings for Approval: To grant approval of the requested Site and Architectural Review Permit, the Planning Commission must affirmatively establish 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 following analysis identifies each of the applicable findings in italics derived from the STANP (San Tomas Area Neighborhood Plan) and Design Guidelines for Single-family Homes. The proposed project’s consistency with these findings is demonstrated through further evaluation as seen below. • The project will be consistent with the general plan; As a single-family dwelling built at a density of 4 units per gross acre, the proposed project adheres to the site’s Low Density Residential (less than 4.5 units per gross acre) land use designation. Because the Proposed Project’s design, placement, and scale, as further described below, is well integrated with neighboring homes, the proposed project is consistent with the following General Plan Land Use Strategy: 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. • The project will aid in the harmonious development of the immediate area. Although the immediate area is defined largely by single-story, ranch-style homes, the proposed house would positively contribute to the established neighborhood fabric, because the proposed design is intended to reference this architectural style, and to minimize the perceived height of the home, as further described below. • The project is consistent with applicable adopted design guidelines, develop agreement, overlay district, area plan, neighborhood plan, and specific plan(s) Review of this Site and Architectural Review Permit application is governed by the STANP which provides development standards (e.g., height, setback, lot coverage, etc.) as well as design guidelines in terms of design compatibility, scale and mass, surface articulation, building orientation, and privacy. The guidelines are not meant to prescribe any particular style, but rather provide an overall framework for evaluating the design of new houses. Staff Report - Planning Commission Meeting of October 25, 2022 Page 4 PLN-2022-67 – 1614 W. Hacienda Ave The house’s design is representative of homes within the San Tomas Area because it proposes hipped and gabled rooflines covered with composition shingles, slate blue horizontal siding with a cultured stone wainscoting, and shallow window fenestrations with white trim. These architectural design features are consistent with the STANP because Section K (Site and Architectural Review) calls for traditional architectural features, simple building and roof forms, modest entryways, and a general absence of ornamentation. • The perceived scale and mass of the home is compatible with the adjacent homes and the homes in the surrounding area. While the majority of the neighboring properties are comprised of single-story homes, the proposed house maintains a perceived scale compatible with the neighborhood because it reduces building mass through the addition of second-story dormers, steps the second story back from the front and sides of the first story, and limits the size of the second-story relative to the first-story. These architectural design features conform to Section K (Site and Architectural Review) of the STANP which requires new development to minimize the appearance of new homes by utilizing design features that do not accentuate the size of the new house, as evidenced by the photo below: • The home minimizes the use of design features that make it appear significantly larger than the adjacent homes and the homes in the surrounding area. In addition to the design features mentioned above, the proposed house further reduces perceived scale by limiting the height of the entry columns to the plate height of the first-story, utilizing a modest 4 over 12 roof pitch, and reducing the height of second-story windows as compared to the first-story. For this reason, the proposed project is consistent with Section I of Design Guidelines for Single Family Homes because these architectural elements are proportionally sized as compared to the overall home design. • The proposed expansion is well integrated with the existing home. The proposed expansion is consistent with the original home because new windows and doors are proposed with a uniform style, material, and color, and replacement horizontal siding will be employed along the entire expanse of the proposed house. This is consistent with Section A of Design Guidelines for Additions to Single Family Homes because the proposed materials are applied in a harmonious manner with the existing house. • The home minimizes privacy impacts. The second story of the proposed house depicts several windows along the interior side and rear elevations. These windows, however, are consistent with the privacy impact mitigation measures described within Section K (Site and Architectural Review) of the STANP because the proposed windows are generally smaller in size and placed higher than the natural sightline to avoid privacy impacts on neighboring yards. Staff Report - Planning Commission Meeting of October 25, 2022 Page 5 PLN-2022-67 – 1614 W. Hacienda Ave • The proposed landscaping plan is consistent with the STANP guidelines. The proposed project would re-landscape the front yard and retain existing landscaping within the rear and side yards in compliance with the State's Model Water Efficient Landscaping Ordinance (MWELO) because it provides compliant Landscaping Plans that demonstrate appropriate use of compost, plant material, irrigation, and turf. In total, the project would result in a new landscape area of approximately 889 square-feet or 9.7% of the site's net lot area. The proposed landscaping plan is also consistent with the STANP Section J (Landscaping) because it depicts more than four (4) trees on a 9,115 square-foot lot, exceeding the required ratio of one (1) tree per 2,000 square-feet of lot area. Public Outreach: In response to the initial notice of application filed sent to homeowners within a three-hundred-foot radius of the subject property, one public comment (reference Attachment 3 – Public Comment) was received from the rear neighbor citing privacy concerns resulting from the proposed rear master bedroom window. While the majority of the second story windows are proposed as clerestory, two full length windows are depicted, including one window on the rear façade within the master bedroom, and one window along the side (west) facade within the family room. The privacy plan supplied by the applicant, however, demonstrates adequate screening between neighboring properties through the use of trees, vegetation, and fences. This is consistent with privacy impact mitigation measures described within Section K (Site and Architectural Review) the STANP because the proposed windows are generally smaller in size and placed higher than the natural sightline to avoid privacy impacts on neighboring yards, as evidenced by the photo below: SARC Review: The application was reviewed by the Site and Architectural Review Committee (SARC) at its meeting of September 27, 2022. The SARC supported the application as presented. Attachments: 1. Draft Resolution 2. Project Plans 3. Public Comment Prepared by: Larissa Lomen, Assistant Planner Approved by: Rob Eastwood, Community Development Director Attachment A RESOLUTION NO. BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A SITE AND ARCHITECTURAL REVIEW PERMIT TO ALLOW CONSTRUCTION OF A NEW 3,963 SQUARE-FOOT TWO-STORY SINGLE-FAMILY HOUSE UTILIZING PORTIONS OF THE EXISTING STRUCTURE ON PROPERTY LOCATED 1614 WEST HACIENDA AVENUE. PROJECT FILE NO. PLN-2022-67 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 finds as follows with regard to the approval of a Site and Architectural Review Permit: 1. The Project Site is zoned R-1-9 (Single Family Residential) on the City of Campbell Zoning Map. 2. The Project Site is designated Low Density Residential (4.5 units/gr. acre) on the City of Campbell General Plan Land Use diagram. 3. The Project Site is a 9,115 square-foot parcel located along West Hacienda Avenue, east of Harriet Avenue, west of South San Tomas Aquino Road, and south of Westmont Avenue. 4. The Proposed Project is an application for a Site and Architectural Review Permit to allow construction of a new 3,963 square-foot two-story single-family house utilizing portions of the existing structure. 5. The Proposed Project will result in a building coverage of 32% and a Floor Area Ratio (FAR) of .43, where a maximum 35% building coverage and .45 FAR are allowed in the R-1-9 Zoning District within the San Tomas Area Neighborhood Plan. 6. The Proposed Project will maintain two covered parking spaces within an attached garage, satisfying the applicable parking requirement. 7. The Proposed Project is consistent with the Considerations in Review of Applications (CMC Section 21.42.040) for Site and Architectural Review. 8. The Proposed Project is subject to the development standards and design guidelines of the San Tomas Area Neighborhood Plan (STANP). 9. The house’s design is representative of homes within the San Tomas Area because it proposes hipped and gabled rooflines covered with composition shingles, slate blue horizontal siding with a cultured stone wainscoting, and shallow window fenestrations with white trim. 10. 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 and pursuant to CMC Section 21.42.020 the Planning Commission further finds and concludes that: Planning Commission Resolution No. Page 2 of 2 Approving a Site and Architectural Review Permit 1614 W. Hacienda Ave. ~ Project File No.: PLN-2022-67 Site and Architectural Review Permit Findings (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; 3. The project is consistent with applicable adopted design guidelines, development agreement, overlay district, area plan, neighborhood plan, and specific plan(s); and Environmental Findings (CMC Sec. 21.38.050): 4. This project is Categorically Exempt under Section 15301 of the California Environmental Quality Act (CEQA) pertaining to existing facilities and Class 1 consisting of the minor alteration of an existing private structure; 5. There are no unusual circumstances that would prevent the project from qualifying as Categorically Exempt per Section 15300.2c of the CEQA Guidelines. THEREFORE, BE IT RESOLVED that the Planning Commission adopts a Resolution approving a Site and Architectural Review Permit to allow construction of a new 3,963 square-foot two-story single-family house utilizing portions of the existing structure on property located at 1614 W. Hacienda Avenue, subject to the attached Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 25th day of October, 2022, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners ABSTAIN: Commissioners: APPROVED: Stuart Ching, Chair ATTEST: Rob Eastwood, Secretary EXHIBIT A CONDITIONS OF APPROVAL Site and Architectural Review Permit Project File No.: PLN2022-67 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 to allow construction of a new two-story single-family residence utilizing portions of the existing structure on property located 1614 West Hacienda Avenue. The project shall substantially conform to the Project Plans, included as Attachment 2 in the October 25, 2022, Planning Commission Staff Report, except as modified by the Conditions of Approval. 2. Permit Expiration: The Site and Architectural Review Permit approval is valid for one (1) year from the effective date of the Resolution approving the project unless an Extension of Time is granted prior to the expiration date (expiring November 4, 2023). Failure to meet this deadline or expiration of the Building Permit plan check or issued Building Permit will result in the Site and Architectural Review Permit being rendered void. 3. Rough Framing and Planning Final Required: Planning Division clearance is required prior to rough framing and final Building Permit clearance. Construction not in substantial compliance with the approved project plans shall not be approved without prior authorization of the necessary approving body. 4. Plan Revisions: Upon prior approval by the Community Development Director, all Minor Modifications to the approved project plans shall be included in the construction drawings submitted for Building Permit. Any modifications to the Building plan set during construction shall require submittal of a Building Permit Revision and approval by the Building Official prior to Final Inspection. 5. Water Efficient Landscape Standards: As a remodel/addition/rehabilitation project with a total project landscape area equal to or less than 2,500 square feet, this project is subject to the updated California Model Water Efficient Landscape Ordinance (MWELO) and may comply with the Prescriptive Compliance Option in Appendix D. This document is available on the City of Campbell's website or on the Planning Division’s Zoning and Land Use webpage through campbellca.gov. The building permit application submittal shall demonstrate compliance with the applicable MWELO and landscaping requirements and shall include the following: a. Planting and Irrigation Plans that meet all requirements of the Prescriptive Compliance Option in Appendix D. b. A completed Landscape Information Form. Conditions of Approval Page 2 of 5 Site and Architectural Review Permit 1614 W. Hacienda Ave. ~ Project File No.: PLN2022-67 c. A note on the Cover Sheet in minimum 1/2” high lettering stating “Planning Final Required. The new landscaping indicated on the plans must be installed prior to final inspection. Changes to the landscaping plan require Planning approval.” Note: If the project landscape area increases during the course of the project, additional requirements will apply. 6. Landscaping: Landscape areas in the aforementioned landscaping plan shall consist of a mix of plants including natural turf, ornamental grasses, groundcovers, shrubs, trees and boulders throughout and shall be provided with permanent irrigation, in compliance with the Water Efficient Landscape Standards and Campbell Municipal Code. All landscaping will be maintained in good condition and replaced as needed. 7. Trees: The aforementioned landscaping plan shall incorporate planting of (4) four trees on the property pursuant to STANP Land Use Policy 'J-1'. 8. Fences/Walls: Any newly proposed fencing and/or walls shall comply with Campbell Municipal Code Section 21.18.060 and shall be submitted for review and approval by the Community Development Department. 9. On-Site Lighting: On-site lighting shall be shielded away from adjacent properties and directed on site in compliance with City of Campbell Lighting Design Standards (CMC 21.18.090). The design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy saving features. 10. 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. 11. Construction Hours/Fines/Stop Work Notice: Failure to comply with permitted working hours that result in verified complaints may result in the issuance of a Stop Work Notice issued to the project with cessation of work for a minimum of seven (7) days from the date of issuance and an Administrative fine of up to $1,000.00. Conditions of Approval Page 3 of 5 Site and Architectural Review Permit 1614 W. Hacienda Ave. ~ Project File No.: PLN2022-67 12. 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. 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. Construction Fencing: The property shall be properly enclosed with construction fencing to prevent unauthorized access to the site during construction. The construction site 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. FIRE DEPARTMENT 16. Limited Review: Review of this Developmental proposal is limited to acceptability of site access and water supply as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work the applicant shall make application to, and receive from, the Building Department all applicable construction permits. 17. Required Fire Flow: The fire flow for this project is 1,750 GPM at 20 psi residual pressure from a single hydrant. Since an automatic fire sprinkler system will be installed, the fire flow will be reduced by 50% establishing a required adjusted fire flow of 875 GPM at 20 psi residual pressure. Letter received. Hydrant is capable of meeting required fire flow. 18. Fire Sprinklers Required: (Noted on CS) An automatic residential fire sprinkler system shall be installed in one- and two-family dwellings as follows: a. In all new one- and two-family dwellings and in existing one- and two-family dwellings when additions are made that increase the building area to more than 3,600 square feet. Exception: One or more additions made to a building after January 1, 2011 that do not total more than 1,000 square feet of building area. b. In all new basements and in existing basements that are expanded by more than 50%. NOTE: The owner(s), occupant(s) and any contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor of record in order to determine if any modification or upgrade of the existing water service is required. A State of California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. CRC Sec. 313.2 as adopted and amended by CBLMC. 19. Address identification: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers Conditions of Approval Page 4 of 5 Site and Architectural Review Permit 1614 W. Hacienda Ave. ~ Project File No.: PLN2022-67 shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1. 20. Water Supply Requirements: Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2019 CFC Sec. 903.3.5 and Health and Safety Code 13114.7. 21. Construction Site Fire Safety: All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification S1-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33. 22. No Violation: This review shall not be construed to be an approval of a violation of the provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A permit presuming to give authority to violate or cancel the provisions of the Fire Code or other such laws or regulations shall not be valid. Any addition to or alteration of approved construction documents shall be approved in advance. [CFC, Ch.1, 105.3.6] PUBLIC WORKS DEPARTMENT 23. Frontage Improvements: The scope of this project triggers the requirement for Frontage Improvements as required by Campbell Municipal Code 11.24.040. Per the San Tomas Area Neighborhood Plan, this section of W Hacienda Avenue has been designated to be fully improved with curb, gutter and sidewalk. However, there are no existing curb and gutter on this section of W Hacienda Avenue that the project can conform to. Prior to issuance of Building permit, the owner will be required to execute a Deferred Street Improvement Agreement with the City of Campbell for the construction of curb, gutter, sidewalk and driveway. 24. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the applicant shall pay the required Storm Drain Area fee, currently set at $2,120.00 per net acre, which is $530.21 set for R-1. 25. 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. Conditions of Approval Page 5 of 5 Site and Architectural Review Permit 1614 W. Hacienda Ave. ~ Project File No.: PLN2022-67 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. 26. Deferred Street Improvement Agreement: Prior to issuance of any grading or building permits for the site, the owner shall execute a deferred street improvement agreement for construction of standard street improvements. Unless otherwise approved by the City Engineer these improvements shall include but are not limited to construction of installation of curb, gutter, sidewalk, ADA compliant driveways, street trees, necessary drainage facilities and necessary conforms to existing improvements. 27. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of-way line. 28. Encroachment Permit / Plans / Fees / Deposits: Any work in the public right-of-way will require an encroachment permit prior to the issuance of Building permit. To obtain an encroachment permit, the applicant shall cause plans for public street improvements, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements to the satisfaction of the City Engineer. 67)/5 )73 )* QGIOU 1'73 725   67)/5 )73 )* QGIOU 1'73 725   67)/5 )73 )* QGIOU 1'73 725    67)/5 )73 )* )* QGIOU 1'73 725   &/$66$<($56$63+$/76,1*/(6&2/251,*+76.<%<2:(16&251,1*9(57,&$/6,',1*&2/25$5&7,&:+,7(%<-$0(6+$5',(+25,=217$/6,',1*&2/25%227+%$<%/8%<-$0(6+$5',(;:22'75,0:+,7(&2/25:22'),1,6+&2/:+,7(&2/25&8/785('6721(),1,6+&2/:22'),1,6+5$,/,1*:+,7(&2/25'(&25$7,9(:22'%5$&.(7522)),&$:+,7(&2/25)* %8,/',1*6+$//+$9($''5(66180%(563/$&(',1$326,7,217+$7,63/$,1/</(*,%/($1'9,6,%/()5207+(675((72552$')5217,1*7+(3523(57<180%(566+$//&2175$67:,7+%$&.*5281'%($5$%,&25$/3+$%(7,&$//(77(56$1'%($0,1,0802)+,*+:,7+$0,1,0806752.(2)%8,/',1*$''5(66127(2 STORY ADDITION1614 HACIENDA AVECAMPBELL, CA.JOB NO. 0222 SCALE AS NOTEDDRAWN BY FHSHEET NO.A2)5217(/(9$7,21/()7(/(9$7,215,*+7(/(9$7,215($5(/(9$7,21(;7(5,25(/(9$7,21 67)/5 )73 )* QGIOU 1'73 725   )$0,/<%('52203$1  )(1&(3/)(1&(3/       :,1'2:$9(5$*()*))  67)/5 )73 )* QGIOU 1'73 725    )$0,/<0%$7+&/26(7)$0,/<(175<5($5325&+)5217325&+$9(5$*()*))  2 STORY ADDITION1614 HACIENDA AVECAMPBELL, CA.JOB NO. 0222 SCALE AS NOTEDDRAWN BY FHSHEET NO.A3&52666(&7,21&52666(&7,21&52666(&7,216 2 STORY ADDITION1614 HACIENDA AVECAMPBELL, CA.JOB NO. 0222 SCALE AS NOTEDDRAWN BY FHSHEET NO.A4 These windows have a direct line-of-sight into my kitchen and living room. Backyard trees are not tall enough to cover the line-of-sight. Please see attached for the detailed blueprintsfor for further reference. My secondary concerns are the following windows: ITEM NO. 2 CITY OF CAMPBELL ∙ PLANNING COMMISSION Staff Report ∙ October 25, 2022 PLN-2022-85 Tarn, T. Public Hearing to consider the application by Tom Tarn (SGPA Architecture and Planning), for a Conditional Use Permit Modification (PLN-2022-85) to allow a new medical services, clinic use within an existing commercial building located at 1640 S. Bascom Avenue Suite F in the C-2 (General Commercial) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following action: 1. Adopt a Resolution (reference Attachment 1), approving a Conditional Use Permit (PLN-2022-85) to allow a new medical services, clinic use within an existing commercial building, and finding the project Categorically Exempt 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: C-2 General Commercial General Plan: General Commercial Proposed Hours: Operational/staff: Business/public: 9:00 AM – 7:00 PM, Tuesday through Sunday, Closed Monday 10:00 AM – 6:00 PM, Tuesday through Sunday, Closed Monday Maximum Number of Employees: 5 employees Building Area: 9,973 square feet Tenant Square Footage: 2,014 square feet Site Area: Approximately 11.80 acres BACKGROUND The tenant space was previously occupied by personal service and retail tenants including Profile by Stanford (general personal service use), Sleep (retail use), and a jewelry store (retail use). Staff Report ~ Planning Commission Meeting of October 25, 2022 Page 2 of 6 PLN-2022-85 ~ 1640 S. Bascom Avenue PROJECT DESCRIPTION Applicant’s Proposal: The applicant is requesting approval of a Conditional Use Permit to allow a new medical service, clinic use within an existing commercial building. The new medical service, clinic use (DBA B12 Love) proposes to operate a medical spa providing vitamin supplements and naturopathic medicine services (reference Attachment 2). Part of the services offered include vitamin injections and drips, where licensed medical professionals (i.e., licensed naturopathic doctors and registered nurses) will be injecting customers with nutrient injections and IV vitamin drips in the consult rooms. Due to the injections performed by licensed medical professionals, the use is considered a medical service, clinic use. The submitted floor plan (reference Attachment 3 – Project Plans), shows a check-in area, staff break room, restrooms, and consult rooms. Figure 1: Proposed Floor Plan Project Location: The project site is an approximately 12-acre site, which is comprised of multiple buildings, located at the Hamilton Plaza Shopping Center. The proposed use is proposing to locate at the pad building located at the corner of South Bascom Avenue and East Hamilton Avenue in Suite F, approximately 2,014 square feet. Figure 2: Project Location Project Location Staff Report ~ Planning Commission Meeting of October 25, 2022 Page 3 of 6 PLN-2022-85 ~ 1640 S. Bascom Avenue ANALYSIS General Plan: The General Plan Land Use designation for the property is General Commercial. 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. Zoning Code: The project site has a zoning designation of C-2 General Commercial. The purpose of this zoning district is to provide a wide range of retail sales and business and personal services oriented to the automobile customer and accessible to transit corridors, to provide for general commercial needs of the city. Administrative Procedure: In the C-2 (General Commercial) Zoning District, medical services, clinics uses are identified as a Conditional Use. In accordance with CMC 21.72 (Definitions) a medical service, clinics 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.” The proposed medical service – clinics use is proposing to locate in an existing commercial building with no alterations to the existing space. The previous tenant, Profile by Standard, constructed internal improvements, including the creation of the consult rooms, and therefore, there are no additional tenant improvements needed for the proposed use. Parking: The project site provides 691 parking spaces on-site. The parking requirement for the proposed medical service, clinic use is one space for each 200 square feet of gross floor area. Based on 2,014 gross square feet, 10 parking spaces are required. Based on the approval of the Ace Hardware store, there is a ‘surplus’ of parking of 19 parking spaces. The proposed medical service, clinic use requires two additional parking spaces from the previous personal services use, resulting in a surplus of 17 parking spaces. Therefore, the project satisfies the parking requirement. Conditional Use Permit Findings (Section 21.46.040 of CMC): The property is located within the C-2 Zoning District. A medical service, clinic use may be allowed subject to approval of a Conditional Use Permit after making all six (6) 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 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; See related discussion under ‘Zoning Code’. The use is considered a medical services, clinic use which is allowed with the approval of a Conditional Use Permit. 2. The proposed use is consistent with the General Plan; Staff Report ~ Planning Commission Meeting of October 25, 2022 Page 4 of 6 PLN-2022-85 ~ 1640 S. Bascom Avenue Allowing a new medical service, clinic use will meet the purpose/intent of the General Commercial General Plan land use designation which is to provide for commercial uses that need exposure to high volumes of automobile traffic or access to transit corridors. Most of the land in Campbell that is designated General Commercial is located along both sides of Bascom and Hamilton Avenues. The applicant’s proposal may also be found to further the following General Plan policies and strategies: Policy LUT-5.3: Variety of Commercial and Office Uses: Maintain a variety of attractive and convenient commercial and office uses that provide needed goods, services, and entertainment. 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. Policy LUT-11.2: Services Within Walking Distance: Encourage neighborhood services within walking distance of residential uses. The project complies with the above General Plan policy and strategy by providing another variety of medical service, clinic use with the city. 3. The proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area; 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. In regards to parking, the approval of the Ace Hardware Store resulted in a surplus of 19 parking spaces for the shopping center. The proposed use requires two additional spaces than the previous use, and therefore, the shopping center will have a surplus of 17 parking spaces. The project satisfies the parking requirement. 4. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate; 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 the business generates. The tenant space is approximately 2,014 square feet with five consult rooms. Given the size, the use is not anticipated to generate above average traffic. Furthermore, Hamilton Avenue and Bascom Avenue are both Class I arterials, which primarily function to serve through traffic for inter-city and intra-city trips. Bascom Avenue is an eight lane arterial and Hamilton Avenue is a nine lane arterial and these streets are sufficient to carry the kind and quantity of traffic the proposed use would be expected to generate. 5. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property; and The proposed medical services, clinic use is compatible with surrounding uses and previous uses on the property. The Hamilton Plaza is a retail shopping center with a variety of restaurants, retail, and personal services. The proposed use will operate to emulate a spa-like setting, similar to how other B12 Love locations in the Bay Area currently operate. The spa-like environment will function differently than a traditional Staff Report ~ Planning Commission Meeting of October 25, 2022 Page 5 of 6 PLN-2022-85 ~ 1640 S. Bascom Avenue medical office and is designed to fit into a commercial shopping center. The hours of operation of the medical service, clinic use are consistent with the existing businesses in the shopping center. Lastly, the project will be conditioned to ensure the windows are not obscured to maintain the retail setting. 6. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city. The proposed medical services, clinic use at the project site 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 to the neighborhood or to the general welfare of the city. The proposed medical services, clinic use is proposing to locate in an existing commercial building that will not need tenant improvements. The operations of this facility will not be impactful to the surrounding area as the business hours are within expected hours of business and the business will not operate in a late-night capacity. The operation of this facility will be conducted in a safe and non-impactful manner as the project is conditioned to abide by the hours of operations and operational requirements, which include injections and drips to be performed by licensed medical professionals, as needed on-site monitoring of patients, and proper disposal of medical waste such as, but not limited to needles. Public Outreach: A courtesy notice was sent to property owners when the application was submitted in August 2022. There has not been any public comments received on the courtesy notice, The project was noticed to all property owners within 300 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: 1. Draft Resolution 2. Project Description 3. Project Plans Attachment 1 RESOLUTION NO. 46__ BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING APPROVAL OF A CONDITIONAL USE PERMIT (PLN-2022-85) TO ALLOW A MEDICAL SERVICES, CLINIC USE WITHIN AN EXISTING COMMERCIAL TENANT SPACE LOCATED AT 1640 S. BASCOM AVENUE SUITE F 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-2022-85: 1. The project site is zoned C-2 (General Commercial) and designated General Commercial by the General Plan. 2. The project site is the approximately 12-acre commercial shopping center (Hamilton Plaza). 3. The subject use, B12 Love, occupies an approximately 2,014 square-foot commercial tenant space located towards at the corner of West Hamilton Avenue and South Bascom Avenue. 4. The proposed project is an application for a Conditional Use Permit to allow a medical services, clinics use (d.b.a. B12 Love). 5. As described by the applicant's Written Description, B12 Love is a medical services, clinics use providing vitamin injections and drips to customers in a spa-like setting. 6. In the C-2 (General Commercial) zoning districts, ‘medical services, clinics’ use is identified as a Conditional Use. 7. A ‘medical service, clinic’ use is defined by CMC 21.72 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.” 8. The proposal does not result in any additional floor area or exterior changes to the existing buildings. 9. The business would operate between 10:00 A.M. and 6:00 P.M. Tuesday through Saturday for customer serving hours and operate between 9:00 A.M. to 7:00 P.M. Planning Commission Resolution No. 46__ Page 2 of 7 1640 S. Bascom Avenue Conditional Use Permit (PLN-2022-85) – Medical Services, Clinic Use Tuesday through Sunday for staff operation hours, and accordingly, would not constitute a late-night use. 10. The site provides approximately 691 parking spaces which are shared between all tenants. Based on the Ace Hardware store, there is a surplus of 19 parking spaces. The proposed medical service clinic use requires two additional parking spaces from the previous personal service use, resulting in a surplus of 17 parking spaces. Therefore, the project satisfies the parking requirement. 11. Applicable General Plan Policies considered by the Planning Commission included, but were not limited to, the following: Policy LUT-5.3: Variety of Commercial and Office Uses: Maintain a variety of attractive and convenient commercial and office uses that provide needed goods, services, and entertainment. Policy LUT-13.1b: 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. 12. 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. 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. 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. 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; 2. The proposed use is consistent with the General Plan; 3. The proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area; 4. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate; Planning Commission Resolution No. 46__ Page 3 of 7 1640 S. Bascom Avenue Conditional Use Permit (PLN-2022-85) – Medical Services, Clinic Use 5. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property; 6. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city; Environmental Finding(s) (CMC Sec. 21.38.050): 7. 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. 8. 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 Conditional Use Permit (PLN-2022-85) to allow a medical services, clinic use within an existing building located at 1640 South Bascom Avenue, Suite F subject to the attached Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 25th day of October, 2022, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: APPROVED: Stuart Ching, Chair ATTEST: Rob Eastwood, Secretary EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit (PLN-2022-85) 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-2022-85) to allow a new medical services, clinic use (d.b.a. B12 Love) within an existing commercial tenant space located at 1640 S. Bascom Avenue, Suite F. The project shall substantially conform to the Project Plans and Written Description included as Attachments 3 and 4 in the October 25, 2022 Planning Commission Staff Report, except as may be modified by the Conditions of Approval contained herein. 2. Permit Approval Expiration: The Conditional Use Permit approval shall be valid for one year from the effective date of the approval (expiring November 4, 2023). Within this one-year period a business license must be obtained. Failure to meet this deadline will result in the Approval being rendered void. Abandonment, discontinuation, or ceasing of operations for a continuous period of twelve months shall void the Conditional Use Permit approved herein without the need for formal revocation by the decision-making body. 3. Operational Standards: Consistent with the submitted Written Descriptions and City standards, a medical services, clinic use operating pursuant to the Conditional Use Permit approved herein 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. 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. b. 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. Planning Commission Resolution No. __ Page 2 of 4 1640 S. Bascom Avenue Conditional Use Permit (PLN-2022-85) – Medical Services, Clinic Use c. Hours of Operation: Hours of operation shall be as follows. By the end of 'Business Hours', all customers shall have exited the premises. By the end of the 'Operational Hours' all employees shall be off the premises. Operational/Staff: 9:00 AM – 7:00 PM, Tuesday through Sunday Business/Public: 10:00 AM – 6:00 PM, Tuesday through Sunday d. Trash Disposal and Clean-Up: All trash disposal, normal clean-up, carpet cleaning, window cleaning, sidewalk sweeping, etc. shall occur during the "operational hours." e. Loitering: There shall be no loitering allowed outside the business. The business owner is responsible for monitoring the premises to prevent loitering. f. Business License: The business shall be required to obtain and maintain a City business license at all times. g. Smoking: "No Smoking" signs shall be posted on the premises in compliance with CMC Section 6.11.060. h. 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. i. Licensed Medical Professionals: All procedures involving penetration of skin (e.g., injections and drips) are required to be performed solely by licensed medical professionals. 4. Windows & Doors: At no time shall an obscure wall or barrier (i.e. drapery, window tinting, blinds, furniture, inventory, shelving units, storage of any kind or similar) be installed along, behind or attached to windows or doorways that blocks visual access to the tenant space or blocks natural light. 5. 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. Trash receptacles shall be maintained within their approved enclosures at all times. 6. 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. 7. 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. 8. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. air conditioning units, ventilation ducts or vents), shall be added to the existing building Planning Commission Resolution No. __ Page 3 of 4 1640 S. Bascom Avenue Conditional Use Permit (PLN-2022-85) – Medical Services, Clinic Use without providing screening of the mechanical equipment from public view and surrounding properties. The screening material and method shall be architecturally compatible with the building and requires review and approval by the Community Development Director and Building Division prior to installation of such screening. 9. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment, materials or business vehicles shall be parked and/or stored outside the building or within the parking lot. 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. Revocation of Permit: Operation of a medical services, clinic use pursuant to the Conditional Use Permit approved herein 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 six (6) 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. In exercising this authority, the decision-making body may consider the following factors, among others: a. The number and types of noise complaints at or near the establishment that are reasonably determined to be a direct result of patrons’ actions or facility equipment; b. The number of parking complaints received from residents, business owners and other citizens concerning the operation of an establishment; and c. Violation of conditions of approval. PUBLIC WORKS 12. The scope of this project triggers the requirement for Frontage Improvements as required by Campbell Municipal Code 11.24.040. The scope of this project triggers the requirement for public improvements as required by Campbell Municipal Code 11.24.040. In lieu of constructing an ADA compliant driveway along Hamilton Avenue frontage or ADA compliant curb ramp at the southeast corner of Hamilton Avenue and South Bascom Avenue, the applicant shall pay $30,000 towards the following ADA improvements at the southeast corner of Bascom Avenue and Hamilton Avenue: Planning Commission Resolution No. __ Page 4 of 4 1640 S. Bascom Avenue Conditional Use Permit (PLN-2022-85) – Medical Services, Clinic Use a. Construction of ADA compliant curb ramp. b. Installation of truncated domes at the right turn channelized island (“pork chop island”). 13. Encroachment Permit / Fees / Deposits: Any work in the public right-of-way will require an encroachment permit. To obtain an encroachment permit, the applicant shall cause plans for public street improvements, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements. PROJECT DESCRIPTION B12 LOVE is submitting an application for and seeking approval of a Conditional Use Permit (PLN2022-85), which would allow for the establishment of a new medical service use within an existing commercial tenant space on property located at 1640 S. Bascom Avenue, Suite F. DESCRIPTION OF PREMISES The premises is located in the shopping center commonly known as “Hamilton Plaza” or “Hamilton Shopping Center” located at 1640 S. Bascom Avenue, Suite F, Campbell CA 95008, which has approximately 2,014 square feet of floor area. OPERATIONS B12 LOVE intends to operate a medical spa, offering “convenient and accessible” premium nutrient and vitamin supplements (e.g., intravenous vitamin injections and vitamin drips) and naturopathic medicine services (e.g., general health and wellness and luxury services). Our clients are 50% walk-in and 50% by appointment, and our business will not have any overnight stays or receive clients via ambulances. B12 LOVE will have hours of operation that meet our clients’ busy work/life schedules while limiting the impacts on other businesses in the immediate area. As staffing and demand increases, we anticipate increasing our operations. At peak operations when opened, we will have a maximum of five (5) employees and five (5) customers in the medical spa store at the same time and will operate between the hours of 10:00 AM and 6:00 PM Tuesday through Saturday. As our business expands, we may explore opening on Sundays as well with the same daily store hours. Hours at Lounge Opening: 10AM TO 6PM, Tuesday through Saturday Hours at Full Operations (maximum): 10AM TO 6PM, Tuesday through Sunday Maximum Employees: 5 at peak operations Maximum Customers: 5 at peak operations Employees will be on premises approximately 1 hour before and 1 hour after Hours at Lounge Opening or Hours at Full Operations. Required Parking: 10 spaces (1:200 sq. ft.) (same as prior use) Total Parking Provided: 712 spaces (shared) PROJECT GOALS B12 LOVE will expand access to long term, premium vitamin injections and infusions, and promote health and wellness to the Campbell and surrounding communities. PUBLIC BENEFITS The B12 Lounge will provide the community with an accessible health and wellness lounge in one of Campbell’s primary business districts and maintain a strong bond with the community through local ownership, employment and engagement in the Campbell area. Our B12 LOVE locations proudly offer 30+ signature nutrient injections and 15+ nutrient IVs, all formulated to promote healthy, balanced living. Clients are welcomed into a comfortable and relaxing environment by our incredible team of Naturopathic Doctors, Registered Nurses, and Support Staff. We are proud to be a female-founded & operated business, giving the Campbell and surrounding communities an easy and convenient way to enjoy the many benefits of injectable vitamins and nutrients. Today, B12 LOVE helps over 20,000 clients throughout the Bay Area achieve and maintain optimal health within the demands of their busy, everyday lives. CONSTRUCTION SCHEDULE B12 LOVE does not have any constructions plans at the time of store opening. The previous tenant, Profile by Sanford, completed Campbell City-approved tenant improvements and we plan to operate our business in the Premises in its As-Is condition. Bob Lennon, Acting Building Official, has reviewed the previous tenant’s drawings and confirmed the following via email: “In review of these plans, I can see that B12 Love did not construct the individual offices and that you are correct, B12 did a very minimal TI buildout.” City of Campbell -- Community Development Department 70 N. First Street, Campbell, CA 95008 MEMORANDUM To: Members of the Planning Commission Date: October 25, 2022 From: Rob Eastwood, Community Development Director Subject: Report of the Community Development Director I. CITY COUNCIL: The City Council met on Tuesday, October 4, 2022 and considered the following items of interest to the Planning Commission: Receive a Report from the Historic Preservation Board Regarding Review of the Mills Act Program and Recommended Program Improvements, and Consider Authorizing Expansion of the Mills Act Program as Part of the Recently Authorized Historic Preservation Ordinance Update (CDD FY23 Work Plan). The City Council received the report and authorized preparation of an Ordinance expanding the Mills Act program Public Hearing to Consider Revisions to Approved Mills Act Contracts for Properties Located at 73 S. 1St Street, 204 Alice Avenue, and 81 Alice Avenue, to Extend the Contract Term (Resolution/Roll Call Vote) The City Council authorized revisions to the Contracts to extend the contract terms II. UPCOMING COMMISSION MEETINGS A. Joint City Council / Planning Commission Meeting A joint City Council / Planning Commission meeting is scheduled for Tuesday, November 1, 2022 at 5:45pm to receive an informational briefing on the Multi-family development and design standards (Objective Standards). A. Review Revisions to Draft Housing Element – November / December 2022 The Department will schedule two rounds of meetings before the Planning Commission and Council in the mid-November to mid-December timeframe to consider modifications to the Draft Housing Element (“Campbell’s Plan for Housing”). These revisions will be considered following receipt of feedback from the State Department of Housing and Community Development, who is required to provide Campbell written comments on the Draft Housing Element by November 4th. Staff will utilize the Planning Commission’s November 22nd meeting for this initial review and a second meeting to occur as a special Planning Commission in December, Based on initial polling and availability , we are still finalizing this date.