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CC Resolution 13240 - Consider Request to Allow Operation of Chiropractic and Acupuncture Office 35 S. First Street PLN-2024-62 RESOLUTION NO. 13240 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING 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 AS WELL AS APPROVING A PERM FEE WAIVER REQUET TO RETROACTIVELY REFUND THE HISTORIC ZONING EXCEPTION FEE. 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 City Council finds as follows with regard to the recommended approval of a Zoning Exception, Conditional Use Permit, and Permit Fee Waiver Request: 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. City Council Resolution No. 13240 Page 2 of 6 PLN-2024-62 — 35 S. First St. Zoning Exception & Conditional Use Permit & Permit Fee Waiver Request 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 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, City Council Resolution No. 13240 Page 3 of 6 PLN-2024-62 — 35 S. First St. Zoning Exception & Conditional Use Permit & Permit Fee Waiver Request involving routine appointments, direct client interactions, and a limited operational footprint. 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-4.1 a: 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 City Council Resolution No. 13240 Page 4 of 6 PLN-2024-62 - 35 S. First St. Zoning Exception & Conditional Use Permit & Permit Fee Waiver Request Policy D-4.1: Historic Preservation and Redevelopment Compatibility: The small town character of Downtown 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. On November 4, 2024, the Historic Preservation Board unanimously recommended City Council approval of the application, recognizing it as a model of adaptive reuse and highlighting incentives and benefits for historic property owners. 19. On November 12, 2024, the Planning Commission unanimously recommended City Council approval of the application, finding the proposed medical use comparable to personal services and complementary to the Downtown area. 20. There is a reasonable relationship and a rough proportionality between the Conditions of Approval (Exhibit A) and the impacts of the project. 21. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 22. 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 City Council 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): City Council Resolution No. 13240 Page 5 of 6 PLN-2024-62 — 35 S. First St. Zoning Exception & Conditional Use Permit & Permit Fee.Waiver Request 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; 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. Permit Fee Waivers (CMC Section 21.46.040): 12. Such waiver would advance the purposes of the Historic Preservation Ordinance and the General Plan. Environmental Findinq(s) (CMC Sec. 21.38.050): 13. 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. 14. 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 City Council approves a Zoning Exception, Conditional Use Permit, and Permit Fee Waiver Request (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, as well as approving a permit fee waiver request to refund the Historic Zoning Exception Fee, subject to the attached Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 3rd day of December, 2024, by the following roll call vote: City Council Resolution No. 13240 Page 6 of 6 PLN-2024-62 - 35 S. First St. Zoning Exception & Conditional Use Permit & Permit Fee Waiver Request AYES: Councilmembers: Bybee, Furtado, Scozzola, Lopez, Landry NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None APPROVEDN Ca3Ckint-4 Susan M. Landry, ayor ATTEST: 1141cka 0441.4 Andrea Sa •ers, City Clerk 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, Conditional Use Permit, and Permit Fee Waiver Request (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, as well as approving a permit fee waiver request to refund the Historic Zoning Exception Fee. 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 City Council in a public hearing that the use has been discontinued. 3. Operational Standards: Consistent with the submitted Project Plans included as Attachment E of the December 3, 2024, City Council report, 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. Exhibit A— Conditions of Approval — 35 S. First St. Page 2 of 4 PLN-2024-62 —Zoning Exception & Conditional Use Permit d. Business License: The business shall be required to obtain and maintain a City business license at all times. 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. I. 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 Exhibit A— Conditions of Approval — 35 S. First St. Page 3 of 4 PLN-2024-62 —Zoning Exception & Conditional Use Permit intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director for compliance with the City of Campbell Lighting Design Standards (CMC Sec. 21.18.090). o. 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.