PC Res 2025-07
RESOLUTION NO. 2025-07
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING APPROVAL OF A CONDITIONAL
USE PERMIT (PLN-2024-179) TO FORMALIZE THE ESTABLISHMENT
OF AN EXISTING WEIGHT LOSS CLINIC (“MEDICAL SERVICES
CLINIC”) WITHIN AN EXISTING PROFESSIONAL OFFICE BUILDING
LOCATED AT 1350 DELL AVENUE SUITE 103 IN THE C-PD
(CONDOMINIUM PLANNED DEVELOPMENT) 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-2024-179:
1. The project site is zoned C-PD (Condominium Planned Development) and designated
Research and Development by the General Plan.
2. The project site is approximately 48,600 square foot parcel that contains a professional
office building. This professional office building was previously entitled to allow
commercial condominiums (File Nos. ZC-87-09, PD97-08 and TS87-05).
3. The proposed project is an application for a Conditional Use Permit to allow a medical
services, clinics use (d.b.a. California Medical Group).
4. The subject use, was operating without the benefit of a Conditional Use Permit and is
seeking to formalize the use under this Conditional Use Permit.
5. The subject use, CMG Medicine PC (d.b.a. California Medical Group), occupies an
approximately 1,607 square-foot tenant space. The tenant space is located on the first
floor and has access through a common atrium area.
6. As described by the applicant's Project Description, California Medical Group is a medical
services, clinics use providing weight loss services through prescription medication, which
involves teaching clients how to perform self-injections of the prescribed medication.
7. Pursuant to Section 21.04.070(C) and Section 21.12.030 of the CMC, the uses allowed
in the Condominium Planned Development Zoning District shall be the same as the
zoning district that directly corresponds to the General Plan land use designation. The
corresponding zoning district to the General Commercial General Plan land use
designation is Research and Development.
8. 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
Planning Commission Resolution No. 2025-07 Page 2 of 3
1350 Dell Avenue, Ste. 103
Conditional Use Permit (PLN-2024-179) – Medical Services, Clinic Use
primarily engaged in providing medical or other health services to members are
included.”
9. The proposal does not result in any additional floor area or exterior changes to the
existing building.
10. The business would operate between 9:00 A.M. to 5:00 P.M. Tuesday through Friday
and 8:00 A.M. to 3:00 P.M. on Saturdays. The business is closed on Mondays and
Sundays. The staff hours are the same as customer serving hours. The use would not
constitute a late-night use as it does not operate between the hours of 11:00 P.M. to 6:00
A.M.
11. It is not anticipated that the approval of the medical services, clinics use will result in
incompatible land uses as the medical services, clinics use will occur in a professional
office condominium building. Furthermore, because the medical services, clinics use will
locate within a professional office condominium building, it is not anticipated that such
use will discourage industrial uses from locating within this area.
12. The project site is located within one-half mile of a major transit stop and pursuant to
Government Code Section 65863 (Assembly Bill 2097 of 2022), the city is prohibited
from imposing a minimum number of automobile parking spaces for this use.
13. Applicable General Plan Policies considered by the Planning Commission included, but
were not limited to, the following:
Policy LU-4.7: Maintain a variety of attractive and convenient commercial and office uses that
provide needed goods, services, and entertainment.
14. 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.
15. No substantial evidence has been presented which shows that the project, as currently
presented and subject to the required conditions of approval, will have a significant
adverse impact on the environment.
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;
Planning Commission Resolution No. 2025-07 Page 3 of 3
1350 Dell Avenue, Ste. 103
Conditional Use Permit (PLN-2024-179) – Medical Services, Clinic Use
3. The proposed site is adequate in terms of size and shape to accommodate the fences
and walls, landscaping, parking and loading facilities, yards, and other development
features required in order to integrate the use with uses in the surrounding area;
4. The proposed site is adequately served by streets of sufficient capacity to carry the kind
and quantity of traffic the use would be expected to generate;
5. The design, location, size, and operating characteristics of the proposed use are
compatible with the existing and future land uses on-site and in the vicinity of the subject
property;
6. The establishment, maintenance, or operation of the proposed use at the location
proposed will not be detrimental to the comfort, health, morals, peace, safety, or general
welfare of persons residing or working in the neighborhood of the proposed use, or be
detrimental or injurious to property and improvements in the neighborhood or to the
general welfare of the city;
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-2024-179) to formalize the establishment of an existing weight
loss clinic (“Medical services clinic”) within a professional office building on property located
at 1350 Dell Avenue, Suite 103 subject to the attached Conditions of Approval (attached
Exhibit A).
PASSED AND ADOPTED this 8th day of April, 2025, by the following roll call vote:
AYES: Commissioners: Majewski, Zisser, Ostrowski, Kamkar, Krey, Fields,
Buchbinder
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
APPROVED:
Matt Kamkar, Chair
ATTEST:
Rob Eastwood, Secretary
Matt Kamkar (Apr 16, 2025 19:19 PDT)
EXHIBIT A
CONDITIONS OF APPROVAL
Conditional Use Permit (PLN-2024-179)
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-2024-179) to
formalize the establishment of an existing weight loss clinic (“medical services clinics”)
within a professional office building located at 1350 Dell Avenue, Suite 103. The project
shall substantially conform to the Project Plans and Written Description included as
Attachments B and C in the April 8, 2025 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 April 18, 2026). Within this one-
year period, an application for the Change of Occupancy building Permit must be
issued. Failure to meet this deadline will result in the Conditional Use Permit being
rendered void.
3. Operational Standards: Consistent with the submitted Project Description 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. Hours of Operation: Hours of operation shall be as follows. Staff hours and customer
hours shall be the same.
Tuesday through Friday: 9:00 AM – 5:00 PM
Saturday: 8:00 AM – 3:00 PM
Closed Sundays and Mondays
b. Trash Disposal and Clean-Up: All trash disposal, normal clean-up, carpet cleaning,
window cleaning, sidewalk sweeping, etc. shall occur during the hours of operation.
c. Loitering: There shall be no loitering allowed outside the business. The business
owner is responsible for monitoring the premises to prevent loitering.
d. Business License: The business shall be required to obtain and maintain a City
business license at all times.
Planning Commission Resolution No. 2025-07 Page 2 of 3
1350 Dell Avenue, Suite 103
Conditional Use Permit (PLN-2024-179) – Medical Services, Clinic Use
e. Smoking: "No Smoking" signs shall be posted on the premises in compliance with
CMC Section 6.11.060.
f. 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.
g. Licensed Medical Professionals: All procedures involving penetration of skin are
required to be performed solely by licensed medical professionals, unless otherwise
stated by state law.
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. Trash receptacles shall be maintained within their approved enclosures at all
times.
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. 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.
8. 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.
9. 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
Planning Commission Resolution No. 2025-07 Page 3 of 3
1350 Dell Avenue, Suite 103
Conditional Use Permit (PLN-2024-179) – Medical Services, Clinic Use
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 of complaints received from business owners and other citizens
concerning the operation of this establishment regarding operational impacts;
b. Violation of conditions of approval.
BUILDING DIVISION
10. Permit Required: A Building Permit application shall be required for the proposed project.
FIRE DEPARTMENT
11. Review of this Developmental proposal is limited to acceptability of site access, water
supply and may include specific additional requirements 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.
12. This review is for water and access only. Additional review might required for building
permit to verify egress and life & safety of the building.
13. 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]
Reso No. 2025-07 - 1359 Dell Ave STE 103
Final Audit Report 2025-04-23
Created:2025-04-16
By:Ken Ramirez (kenr@campbellca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAYO2NzYmhazLlfVTmBzc6UIBE3lLtsJFs
"Reso No. 2025-07 - 1359 Dell Ave STE 103" History
Document created by Ken Ramirez (kenr@campbellca.gov)
2025-04-16 - 9:27:05 PM GMT
Document emailed to Rob Eastwood (robe@campbellca.gov) for signature
2025-04-16 - 9:27:10 PM GMT
Document emailed to Matt Kamkar (mkamkar7@gmail.com) for signature
2025-04-16 - 9:27:10 PM GMT
Email viewed by Matt Kamkar (mkamkar7@gmail.com)
2025-04-17 - 2:17:04 AM GMT
Document e-signed by Matt Kamkar (mkamkar7@gmail.com)
Signature Date: 2025-04-17 - 2:19:28 AM GMT - Time Source: server
Email viewed by Rob Eastwood (robe@campbellca.gov)
2025-04-23 - 7:00:32 PM GMT
Document e-signed by Rob Eastwood (robe@campbellca.gov)
Signature Date: 2025-04-23 - 7:01:11 PM GMT - Time Source: server
Agreement completed.
2025-04-23 - 7:01:11 PM GMT