PC Res 4724RESOLUTION NO. 4724
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL
APPROVE A ZONING EXCEPTION AND CONDITIONAL USE
PERMIT TO ALLOW THE OPERATION OF A CHIROPRACTIC AND
ACUPUNCTURE OFFICE (“MEDICAL SERVICES, CLINICS” USE)
ON THE GROUND FLOOR OF AN EXISTING COMMERCIAL
TENANT SPACE (OTHERWISE RESTRICTED TO AN UPPER
FLOOR) WITHIN A HISTORIC "STRUCTURE OF MERIT"
COMMONLY KNOWN AS THE GRIZZLE COURT DUPLEX ON
PROPERTY LOCATED AT 35 S. FIRST STREET, AND IN THE CB-
MU (CENTRAL BUSINESS MIXED USE) ZONING DISTRICT. FILE
NO.: PLN-2024-62
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 recommended approval of
a Zoning Exception:
1. The project site is a 2,900 square-foot parcel located along the west side of South
First Street, between East Campbell Avenue and Orchard City Drive, within the
Downtown Campbell Development Plan boundary.
2. The Project Site is zoned CB-MU (Central Business Mixed Use) as shown on the
Campbell Zoning Map.
3. The Project Site is designated Central Business Mixed-Use (26-33 Units/Gr. Acre) as
shown on the City of Campbell General Plan Land Use diagram.
4. The property at 35 S. First Street is currently developed with a duplex, known as the
Grizzle Court Duplex, which was constructed around 1927. The property was
designated a historic resource on May 6, 2014, through City Council Resolution No.
11676.
5. The Grizzle Court Duplex, holds historical significance as part of Campbell’s early
20th-century labor housing, specifically providing accommodations for cannery
workers. Architecturally, it represents the California Mission and Spanish Revival
styles, with features such as high-quality stucco and original wooden-frame doors.
6. Originally constructed as a residential duplex, a use permit (UP 82-27) was filed to
convert the property from residential to commercial (unspecified office use). The
applicant later withdrew the application, and the Planning Commission upheld
withdrawal subsequently denying the permit at the January 25, 1983, Planning
Commission Meeting, via Resolution No. 2166.
7. On May 7, 1992, a business license was issued for a “professional office” (Miracle
Method) for the southerly tenant space located at 45 South First Street. This
Planning Commission Resolution No. 4724 Page 2 of 6
PLN-2024-62 ~ 35 S. First St. ~ Zoning Exception & Conditional Use Permit
conversion from residential to commercial use was not accompanied by either a Use
Permit or Building Permit, making the commercial activity mistakenly unpermitted.
8. On November 9, 2004, the northerly tenant space located at 35 South First Street
received a Conditional Use Permit (PLN2004-143) for a change in use from
residential to commercial (a “personal services” use – day spa with massage
services). This use was entitled under Resolution No. 3606 (reference Attachment
D), and Building Permit BLD-2004-01213 was obtained to establish the tenant space
as commercial.
9. The tenant space, located at 45 South First Street, subsequently reverted back to
residential use after a period of unpermitted commercial activity. Since no formal
permits were issued for the commercial conversion, the space remains classified as
residential.
10. This application seeks approval of a Conditional Use Permit to allow a chiropractic
and acupuncture office (“medical services, clinics” use) on the ground floor of an
existing commercial space. Although the property’s CB-MU zoning allows medical
offices, they are not permitted on the ground floor. However, through a concurrent
request for a Zoning Exception, the applicant is seeking permission to allow the
ground-floor location in consideration of the historic designation of the building.
11. Listed under the "Incentives for preserving Historic Resources" section of the Historic
Preservation Ordinance (CMC Sec. 21.33.150), a Zoning Exception is a land use
permit intended to "provide a degree of flexibility from the Zoning Ordinance as
necessary to minimize impact to the historic character of a historic resource." This
mechanism may be utilized to consider a deviation from any zoning code standard,
provided that the City Council, as the decision-making body, can affirmatively
establish the findings for approval, as discussed under 'Analysis'.
12. A Historic Resource Alteration Permit is not required for this proposal since the
change of use does not directly "alter" the historic residence, as specified by CMC
Sec. 21.33.080, and no exterior changes are proposed.
13. Given its historic status and unique architecture, the property’s adaptive reuse aligns
with the city's goals of preserving historic resources while allowing flexibility to
support viable, low-impact commercial uses.
14. Furthermore, proposed project adheres to the Secretary of the Interior’s Standards
for Rehabilitation, which prioritize maintaining a building’s historic character while
accommodating modern uses.
15. The chiropractic and acupuncture office closely resembles the operational
characteristics of a personal services use which is permitted within the CB-MU
Zoning District. Personal services are allowed due to their client-facing nature, small
scale, and minimal operational impact. The proposed medical use operates similarly,
involving routine appointments, direct client interactions, and a limited operational
footprint.
Planning Commission Resolution No. 4724 Page 3 of 6
PLN-2024-62 ~ 35 S. First St. ~ Zoning Exception & Conditional Use Permit
16. The General Plan Land Use designation of Central Business Mixed-Use, which
focuses on shopping, service, and entertainment uses in a pedestrian-oriented urban
environment, is suitable for a chiropractic office. This designation encourages
commercial uses on the ground floor with residential uses on upper floors. Since a
chiropractic office is a service-oriented business, it fits well into the ground floor
commercial space in this mixed-use setting.
17. The Proposed Project would be consistent with the following General Plan policies
and strategies:
Policy CD-1.6 Preserve, rehabilitate or restore the city’s historic
buildings, landmarks, districts and cultural resources
and retain the architectural integrity of established
building patterns within historic residential
neighborhoods to preserve the cultural heritage of the
community.
Policy CD-1.7 Encourage adaptive reuse of and incorporation of the
city’s historic buildings and structures for new
development projects, when feasible.
Policy CD-2.1 Recognize, enhance, and preserve, where possible,
natural features and ecosystems, and protect cultural
and historic resources.
Action COS-5.g Continue to implement the city’s Historic Preservation
Ordinance and periodically review and modify the
Ordinance as necessary in order to ensure that it
continues to meet the city’s historic preservation goals,
including creation of a penalty provision to discourage
the unlawful alteration or demolition of designated
properties.
Goal LU-4: To promote and assist the restoration and protection of
the historic character and elements that embodies the
Downtown and characterizes it as a unique place.
Policy LU-4.1: Downtown Character: Require new development to be
sensitive to the unique character that defines
Downtown Campbell.
Strategy LU-4.1a: The historic character of Downtown shall be preserved
through the protection and restoration of its historic
buildings and landmarks.
Goal D-4: To retain and reinforce the historic context of the
Downtown and build on the established framework that
is characterized by its established historic landmarks
Policy D-4.1: Historic Preservation and Redevelopment
Compatibility: The small town character of Downtown
Planning Commission Resolution No. 4724 Page 4 of 6
PLN-2024-62 ~ 35 S. First St. ~ Zoning Exception & Conditional Use Permit
Campbell shall be maintained by encouraging the
preservation of important historic resources, promoting
the improvement of existing properties and
businesses, and encouraging new development
compatible in design with existing and newly approved
development.
18. There is a reasonable relationship and a rough proportionality between the
Conditions of Approval (Exhibit A) and the impacts of the project.
19. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
20. 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:
Zoning Exception Findings (CMC Sec. 21.33.150.B.2):
1. The zoning exception will facilitate development and use of a historic resource in a
manner that is more consistent with its historic character than would be possible
under strict compliance with the Zoning Ordinance;
2. The zoning exception will not adversely impact property or public rights-of-way in the
surrounding neighborhood or within a historic district;
3. The zoning exception will not negatively impact the integrity or historic characteristics
of the historic resource;
4. The zoning exception is the minimum departure from the requirements of the Zoning
Ordinance;
5. The zoning exception is in conformance with the General Plan, adopted area plan,
and applicable design guidelines; and
Conditional Use Permit Findings (CMC Sec. 21.46.040):
6. 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;
7. The proposed use is consistent with the General Plan;
8. 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;
Planning Commission Resolution No. 4724 Page 5 of 6
PLN-2024-62 ~ 35 S. First St. ~ Zoning Exception & Conditional Use Permit
9. 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;
10. 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
11. 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):
12. 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.
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.
THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval
of a Zoning Exception and Conditional Use Permit (PLN-2024-62) to allow the operation
of a chiropractic and acupuncture office (“Medical Services, Clinics” use) on the ground
floor of an existing commercial tenant space (otherwise restricted to an upper floor)
within a historic "structure of merit" commonly known as the Grizzle Court Duplex on
property located at 35 S. First Street, subject to the attached Conditions of Approval
(attached Exhibit A).
PASSED AND ADOPTED this 12th day of November, 2024, by the following roll call vote:
AYES: Members: Kamkar, Krey, Buchbinder, Ostrowski, Majewski, Fields
NOES: Members:
ABSENT: Members:
ABSTAIN: Members:
APPROVED:
Alan Zisser, Chair
ATTEST:
Rob Eastwood, Secretary
Alan Zisser (Dec 4, 2024 12:42 PST)
Exhibit A
CONDITIONS OF APPROVAL
PLN-2024-62
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 Zoning Exception and Conditional Use
Permit (PLN-2024-62) to allow the operation of a chiropractic and acupuncture office
(“Medical Services, Clinics” use) on the ground floor of an existing commercial tenant
space (otherwise restricted to an upper floor) within a historic "structure of merit"
commonly known as the Grizzle Court Duplex on property located at 35 S. First
Street.
2. Permit Expiration: The Conditional Use Permit approved herein ("Approval") shall be
valid for one (1) year from the effective date of approval. Within this one-year period,
a Business License/Zoning Clearance must be issued. Failure to meet this deadline
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. Operational Standards: Consistent with the submitted Project Description (reference
Attachment C) 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,” specifically
limited to chiropractic and acupuncture care, and subject to the operational
standards listed herein. At no time shall the use be operated as a different
form of medical care or as a "medical services, extended care" use.
b. Maximum Occupancy: The maximum occupancy shall be subject to the
applicable restrictions of the California Building Code (CBC).
c. Exam Rooms: The approved medical services, clinic, shall be limited to two
exam rooms.
d. Business License: The business shall be required to obtain and maintain a
City business license at all times.
Exhibit A – Conditions of Approval ~ 35 S. First St. Page 2 of 4
PLN-2024-62 – Zoning Exception & Conditional Use Permit
e. Licensed Medical Professionals: All procedures involving medical treatment
are required to be performed by licensed medical professionals.
f. Hours of Operation: The approved medical services, clinic may operate
between the hours of 7:00 A.M. and 9:00 P.M. with business hours between
8:00 a.m. and 9:00 p.m., daily
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 "business 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.
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. 10 (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
Exhibit A – Conditions of Approval ~ 35 S. First St. Page 3 of 4
PLN-2024-62 – Zoning Exception & Conditional Use Permit
approved by the Community Development Director for compliance with the
City of Campbell Lighting Design Standards (CMC Sec. 21.18.090).
o. Massage: The scope of practice for chiropractic treatment as set forth in the
California Code of Regulations, Title 16, Section 302, includes massage
services. Massage services as part of the chiropractic treatment shall be
allowed at this establishment only by a licensed chiropractor, or by licensed
massage therapists under the “adequate supervision” of a chiropractor as
defined in the California Code of Regulations, Title 16, Section 312. Massage
therapists shall not operate separately or as independent contractors.
p. California Code of Regulation: The allowed chiropractic office shall always
comply with all the regulations contained within Title 16 of the California Code
of Regulations, Division 4.
4. 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.
5. 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.
6. 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.
7. 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 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;
Exhibit A – Conditions of Approval ~ 35 S. First St. Page 4 of 4
PLN-2024-62 – Zoning Exception & Conditional Use Permit
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.
Reso 4724 - 35 S First St
Final Audit Report 2024-12-05
Created:2024-12-04
By:Ken Ramirez (kenr@campbellca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAApgI4MqROlyZCqEq-ddF5chnu9NJ8sbas
"Reso 4724 - 35 S First St" History
Document created by Ken Ramirez (kenr@campbellca.gov)
2024-12-04 - 7:49:08 PM GMT
Document emailed to Rob Eastwood (robe@campbellca.gov) for signature
2024-12-04 - 7:49:21 PM GMT
Document emailed to Alan Zisser (alanzisser@gmail.com) for signature
2024-12-04 - 7:49:22 PM GMT
Email viewed by Alan Zisser (alanzisser@gmail.com)
2024-12-04 - 8:42:20 PM GMT
Document e-signed by Alan Zisser (alanzisser@gmail.com)
Signature Date: 2024-12-04 - 8:42:52 PM GMT - Time Source: server
Email viewed by Rob Eastwood (robe@campbellca.gov)
2024-12-05 - 1:20:18 AM GMT
Document e-signed by Rob Eastwood (robe@campbellca.gov)
Signature Date: 2024-12-05 - 1:20:32 AM GMT - Time Source: server
Agreement completed.
2024-12-05 - 1:20:32 AM GMT