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Use Permit - 1998CITY OF CAMPBELL Community Development Department Mr. Gerry Dunk 22470 Foothill //46 Hayward, CA 94561 September 15, 1999 RE: Approved Landscape Plans for 166 W. Campbell Avenue Building Permit No. 99-785 & UP 98-10 Dear Mr. Dunk: The Planning Department has reviewed the revised landscape plan recently submitted by you for the project located at 166 W. Campbell Avenue. Upon review of the plan, the Planning Department has approved the landscape plan with some additional redlined revisions. Please find enclosed two (2) stamped copies of the approved landscape plans with the redlined corrections. Should you have any questions, please do not hesitate to contact me at the Community Development Department at (408) 866-2142. Sincerely, Aki R. Irani Planner I CC: Joan Lundquist, Property Owner File 70 North First Street · Campbell, California 95008. 1423 - TEL 408.866.2130 - F^X 408.866.8381 - TDD 408.866.2790 CITY OF CAMPBELL Community Development Department. Current Planning Mr. Gerry Dunk 22470 Foothill #46 Hayward, CA 94541 August 20, 1999 Plan Check Review No. 99-785 - Conversion of a residential building to a professional office use located at 166 W. Campbell Avenue · Dear Mr. Dunk: The Planning Division has completed review of your building plans for the conversion of a residential building to a professional office use in accordance with the requirements of the conditions of approval of the Conditional Use Permit (UP 98-10) granted for the property located at 166 W. Campbell Avenue. Upon review of your building plans, the Planning Division requires that the following revisions be made prior to issuance of a building permit: Under Resolution No. 3202 for the project, Condition No. 9 requires that the chimney on the east side of the building be repaired to appear as a functional chimney. The building plans do not indicate that this work will be done and the elevations do not show that the chimney will be modified to appear as a true chimney. Please revise the plans to indicate that the missing part of the upper half of the chimney will be restored to appear as a functional chimney. Upon review of the landscaping plan for the project site, the proposed landscaping appears sparse. The amount and type of landscaping proposed does not appear to' adequately provide for sufficient softening of the visual impact of the project site and to provide screening from adjacent residential and commercial properties. Please revise the landscaping plan to incorporate the following: ao The Planning Division requests that turf be installed along the front yard area and partially returned along the west side of the property rather than the ajuga. The on- site landscaping requirement of the conditions of approval requires that turf be installed. However, shrubs and groundcover as proposed may be used as accents along the building. In addition, hedge-type shrubs are recommended for additional screening and softening of the visual impact of the building. bo Along the stucco wall railing, it is recommended that fast-growing hedge-type shrubs be planted to provide some screening of the stucco wall railing. Minimum size of the hedge-type shrubs should be 10-gallon and shall be closely planted to provide for screening of the wall railing. 70 North First Street · Campbell, California 95008.1423 . 'rE[ 408.866.2140 . F^X 408.866.8381 · TDD 408.866.2790 166 W. Campbell Avenue Page 2 Co Fast-growing shrubs and ground cover are also recommended along the west side of the building where the landscape area is too narrow for tuff. Minimum 5-gallon shrubs should be planted a minimum of 2-3 feet on center. The current landscape plan shows only ajuga flats and 1 gallon rhododendrons. do Along the rear and east property lines, there does not appear to be sufficient landscaping to provide screening, particularly at the rear of the property which is adjacent to and visible from an apartment complex. Please install minimum 15- gallon trees along the rear and eastern property lines. eo The landscaping adjacent to the rear of the building appears insufficient. Please provide additional minimum 5-gallon shrubs to be planted in this planter a minimum of 2-3 feet apart. Please submit the above-referenced revisions for Planning Staff review at your soonest convenience so that we may further process your building permit application. Should you have any questions regarding the above-referenced comments, please feel free to contact me at the Community Development Department at (408) 866-2142. Sincerely, Aki R. Irani Planner I cc~ Frank _Mills, Senior Building Inspector Jim Hinkle, Building Inspector File CITY OF CAMPBELL Public k~orks Department January 28, 1999 Jerry R. Dunk 22470 Foothill//46 Hayward, CA 94561 Re: UP 98-10 - 166 West Campbell Avenue Dear Mr. Dunk: It has just recently come to our attention that the Planning Commission at its meeting of November 10, 1998, adopted Resolution 3202 approving a Conditional Use Permit to allow the conversion of a residential structure to a professional office use on the above-referenced property. At your earliest convenience, I would like to arrange a meeting with you, your consultants, and the City's Public Works land development representative(s). The purpose of the meeting would be to review the conditions of approval imposed by the Public Works Department and the Department's procedures and requirements for satisfaction of those conditions. The land development representative(s) may also include staff members from the Planning and Building Divisions, if necessary. We hope this meeting will facilitate your project and assist in making your project a success. Please contact me at (408)866-2158 as soon as possible to arrange a meeting time and to answer any questions. Since~91Y, /~ ~ k___.-/¥i.~.E7, < -.- Land Development Engin'eer/ CC: Joan Lundquist (Property Owner), 166 W. Campbell Avenue, Campbell 95008 Michelle Quinney, City Engineer Frank Cauthorn, Building Official Aki Irani, Planner I h:\word/landdev/166ecamp qnp) '0 North First Street - Campbell, California 95008. 1423 · TEL 408.866.2150 · FaX 408.376.0958 · TDD 408.866.2790 CITY OF CAMPBELL Community Development Department · Current Planning November 11, 1998 Jerry R. Dunk 22470 Foothill, #46 Hayward, CA 94561 Re: UP 98-10 -'166 W. Campbell Avenue Dear Applicant: Please be advised that at its meeting of November 10, 1998, the Planning Commission adopted Resolution No. 3202 approving a Conditional Use Permit to allow the conversion of a residential structure to a professional office use on the above-referenced property. This approval is effective in ten days, unless appealed in writing to the City Clerk. The time within which judicial review of this decision must be sought is governed by California Code of Civil Procedure, Section 1094.6. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Sincerely, Aki Irani Planner I CC: Joan Lundquist (Property Owners) 166 W. Campbell Avenue Campbell, CA 95008 70 North First Street · Campbell, California 95008.1423 · T~L 408.866.2140 - ~^X 408.866.8381 · TDD 408.866.2790 RESOLUTION NO. 3202 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT CUP 98-10) TO ALLOW THE CONVERSION OF A RESIDENTIAL STRUCTURE TO A PROFFESIONAL OFFICE USE ON PROPERTY LOCATED AT 166 W. CAMPBELL AVENUE IN A PO (PROFESSIONAL OFFICE) ZONING DISTRICT. APPLICATION OF MR. JERRY DUNK. FILE NO. UP 98-10. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application UP 98-10: 1. The project site is located on property designated as Professional Office by the Zoning and General Plan. 2. The proposed insurance agency business is a professional office use, which is permitted in the P-O (Professional Office) Zoning District. 3. The proposed conversion of the existing residence to a professional office use is permitted in the P-O (Professional Office) Zoning District with approval of a Conditional Use Permit. 4. The hours of operation of the proposed use are Monday through Friday, 8 a.m. to 7 p.m., which is consistent with hours of operation for office uses. 5. The proposed reduction in the number of required parking spaces is not considered significant and the proposed parking is adequate to serve the proposed project. 6. The project is compatible and consistent with the surrounding commercial and residential uses. 7. The conversion of the residential structure will be required to meet all City Building Code requirements to allow the professional office use. Based upon the foregoing findings of fact, the Planning Commission concludes that: ' 1. The proposed use is consistent with the General Plan and Zoning Ordinance. The establishment, maintenance, or operation of the use will not be detrimental to the public health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental to property and improvements in the neighborhood or to the general welfare of the City. Planning Commission Resolution No. 3202 UP 98-10 - 166 W. Campbell Avenue - Jerry Dunk Page 2 3. The proposed site is adequate in size and shape to accommodate the proposed professional office use. 4. The site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinance of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. 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 1. Approved Proiect: Approval is granted for a Use Permit (UP 98-10) to allow the conversion of a single-story, 2,248 square foot single-family residence to a professional office use on property located at 166 W. Campbell Avenue. Project shall substantially comply with the following submitted plans and letter, except as modified herein in the Conditions of Approval. a. Project summary description page of plans prepared by Jerry Dunk, applicant. b. Site plan prepared by Jerry Dunk, applicant, dated as received on November 3, 1998. c. Floor plan submitted by Jerry Dunk, applicant, dated as received on November 3, 1998. d. Elevations submitted by Jerry Dunk, applicant, dated as received on October 5, 1998. e. Letter requesting parking adjustment dated October 22, 1998. Use Permit Expiration: The Use Permit approval (UP 98-10) for this project is valid for a period of one year from the Planning Commission approval. All conditions of approval specified herein must be completed within one year from the date of approVal or the Use Permit shall be void. Parking Adjustment: A parking adjustment is granted which permits the reduction of two (2) parking spaces from the number of required parking spaces (10 spaces) for the professional office use. A minimum of eight (8) parking spaces shall be provided on site. 4. Hours of Operation: The hours of operation for the professional office use shall be 8 a.m. to 7 p.m., Monday through Friday as stated in the applicant's project summary description. Landscaping: a. Prior to the issuance of building permits, the applicant shall submit landscaping and irrigation plans for review and approval by the Community Development Director. Planning Commission Resolution No. 3202 UP 98-10 - 166 W. Campbell Avenue- Jerry Dunk Page 3 bo Prior to the issuance of building permits, the applicant shall provide a tree protection plan to be reviewed and approved by the Community Development Director indicating how the black walnut tree is to be retained and protected on site in conjunction with the installation of the parking lot. The applicant shall be required to demonstrate that the paving in conjunction with the parking lot installation will not interrupt the healthy maintenance of the existing black walnut tree and shall provide permeable paving under the dripline of the tree to ensure maintenance, if deemed necessary by the Community Development Director. The on-site landscaping plan shall indicate the installation of turf, minimum 15-gallon trees, and minimum 5-gallon shrubs, except the area adjacent to the stucco wall railing, which shall have minimum 1 O-gallon shrubs. Ramp Design: Prior to the issuance of building permits, the applicant shall revise the design of the railing around the disabled person ramp to provide a railing design which is architecturally compatible to the existing building in the form of a low stucco wall painted to match the color of the building. ° Air Conditioning Unit: The existing air conditioning unit along the west elevation of the structure shall be relocated to an area at the rear of the building and shall not be visible from public view. 8. Fence: The applicant shall remove the existing fence along the property line adjacent to W. Campbell Avenue and Jeffers Way. 9. Chimney Repair: The chimney on the east side of the structure shall be repaired to appear as a functional chimney. 10. Parking and Driveway: Prior to the issuance of building permits for the project, the applicant shall comply with Chapter 21.50 of the Campbell Municipal Code, unless modified by the Conditions of Approval. 11. Property Maintenance: The property is to be maintained free of any combustible trash, deris and weeds until the time that actual construction commences. · 12. Signage: Any sign(s) proposed to be erected on site shall require approval of a Sign Permit. A Sign'Permit may be granted upon complete submission of a Sign application and approval by the Community Development Department in accordance with the City's Sign Ordinance. No sign shall be permitted until the application is approved an a permit issued. Planning Commission Resolution No. 3202 UP 98-10- 166 W. Campbell Avenue- Jerry Dunk Page 4 13. Roof-mounted mechanical equipment: No new and/or replaced roof-mounted equipment shall be located on the roof of the building without providing screening of the mechanical equipment and obtaining approval by the Cornmunity Development Director. 14. Building Division Requirements: The applicant shall comply with the following: a. Occupancy change fi:om R-3 to B requires greater setbacks, or increased fire-resistive construction. Business (B) occupancy requires one (1) hour construction within twenty (20) feet of the property line; openings are not permitted within five (5) feet of the property line, and protected within ten (10) feet. (Single-family (R-3)) only requires One (1) hour construction within three (3) fee of the property line. Openings are not permitted within three (3) feet of the property line. Per UBC T 5-A. b. The building, and at least one set of bathroom fixtures, shall be disabled accessible per UBC 1103 and 1105. c. The five (5) foot wide disabled parking access aisle must be on the passenger side per CAC D-6.1.1. do The applicant shall comply with all Building Code requirements and obtain necessary permits as determined by the City's Building Division, including disabled person access and parking requirements of the State Building Code. PUBLIC WORKS DEPARTMENT 15. Street Improvements: Prior to issuance of any grading or building permits for the site, the applicant shall cause plans for public Street Improvements to be prepared by a registered civil engineer, pay fees, post security and provide insurance necessary to obtain an encroachment permit for construction of the public improvements, as required by the City Engineer. The plans shall include the following: Campbell Avenue a. Removal of the existing driveway approach and reconstruction of a new driveway approach to serve the abutting property to the east, 146 West Campbell Avenue. b. Remodel existing pedestrian handicap ramp at the SE comer of Campbell Avenue and Jeffers Way to comply with ADA requirements. ao Jeffers Way Removal of existing curb, gutter, sidewalk, and pavement as needed to construct a 25 'foot commercial driveway approach in compliance with ADA requirements. On-site fencing shall be removed to provide adequate sight distance for driveway. Planning Commission Resolution No. 3202 LIP 98-10 - 166 W. Campbell Avenue - Jerry Dunk Page 5 Campbell Avenue and Jeffers Way Installation of street trees and irrigation system at 40' on-center. Construction of any conforms necessary to match existing improvements. 16. Water Meter and Sewer Cleanout: Water Meter and Sewer Cleanout shall be relocated to private property behind the public right-of-way line. 17. Utilities: All on-site Utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 18. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant shall submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer for installation and/or abandonment of all utilities. Streets which have been resurfaced within the previous 5 years will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 19. Maintenance Security: Prior to issuance of occupancy approval for the site, all public street improvements required by the street improvement agreement and the encroachment permit must be completed and accepted by the City and the applicant must provide a one-year Maintenance Security in an amount of 25% of the Faithful Performance Bond. 20. Drainage System: Prior to occupancy clearance, the applicant shall refurbish, remodel, and reconstruct the on-site Drainage System, as necessary, to demonstrate that the facilities are functioning normally in accordance with the requirements of the City. 21. 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. The current fee is $2,500 per acre or $511. 22. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permitting requirements and the California Storm Water Best Management Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District and the City of Campbell Municipal Code regarding Storm Water Pollution Prevention. Planning Commission Resolution No. 3202 UP 98-10 - 166 W. Campbell Avenue - Jerry Dunk Page 6 PASSED AND ADOPTED this l0b day of November, 1998, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Francois, Gibbons, Jones, Keams, Lindstrom, Meyer-Kennedy None Lowe None APPROVED: Brad Jones, Acting Chair ATTEST: Steve Piasecki, Secretary ITEM NO. 3 STAFF REPORT--PLANNING COMMISSION MEETING OF NOVEMBER 10, 1998 UP 98-10 Dunk, J. Public Hearing to consider the application of Mr. Jerry Dunk for approval of a Conditional Use Permit (UP 98-10) to allow the conversion of a single-family residence to a professional office use on property located at 166 W. Campbell Avenue in a P-O (Professional Office) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following action: Adopt a Resolution approving a Conditional Use Permit to allow the conversion of a residential structure to a professional office use, subject to the attached Conditions of Approval. ENVIRONMENTAL DETERMINATION This project is Categorically Exempt in accordance with Section 15301 (Existing Facilities) of the California Environmental Quality Act. No further environmental action is required. PROJECT DATA Gross Lot Area: Net Lot Area: .40 acres .21 acres 17,275 square feet 9,000 square feet Site Utilization: Building Coverage: Landscape Coverage: Paving Coverage: 25% (2,248 square feet) 34% (3,072 square feet) 41% (3,680 square feet) Parking Provided: Required: 8 parking spaces 10 parking spaces DISCUSSION Applicant's Proposal: The applicant is requesting approval of a Conditional Use Permit (UP 98-10) to allow the conversion of an existing single-family residential structure to a professional office use on property located at 166 W. Campbell Avenue. The project site is located on the southeast corner of Jeffers Way and West Campbell Avenue. The site is surrounded by an office building and apartment units to the south, an office use to the east, apartment units to the west across Jeffers Way, and the Campbell Community Center to the north across W. Campbell Avenue. Staff Report - Planning Commission Meeting of November 10, 1998 UP 98-10 - 166 W. Campbell Avenue Page 2 Background: This application was submitted as a result of a Code Enforcement complaint regarding the operation of an insurance business from the single-family residence. The City received complaints in July that a business was being conducted from the residence, and that several cars in conjunction with the business were parking on the street. As a result of the complaints and upon inspections of the site, Staff contacted the insurance business, Peter Kuo Insurance Agency, and advised the business owner, Peter Kuo, that the business was being conducted on the premises without approval of a Conditional Use Permit to convert the structure from a residential use to office use, and that interior remodeling was being conducted on site without approval of building permits. Based upon this information, the business owner vacated the site on August 10, 1998 to comply with the City's regulations. The Use Permit application was submitted to allow the office use to legally occupy the building. ANALYSIS General Plan Designation: The General Plan land use designation for the site is Professional Office. The proposed insurance business is a professional office use; therefore, the proposed insurance office use is consistent with the General Plan. Zoning Designation: The zoning designation for the project site is P-O (Professional Offices). The proposed insurance business as a professional office use is consistent with the Zoning Ordinance. However, the residential structure in which the professional office use is to be conducted requires conversion to an office use. Under Section 21.20.030 of the Campbell Municipal Code, conversion of a residence to office use requires approval of a Conditional Use Permit. With approval of the Use Permit, the proposed project is consistent with the Zoning Ordinance. Use: The applicant has submitted a project description on the plan which states that the conversion of the existing residence to office use will allow for the operation of an insurance agency business within the structure, consisting of four (4) insurance agents and two (2) assistants. The hours of operation for the insurance agency are Monday through Friday, 8 a.m. to 7 p.m. Floor Plan: The existing residence is 2,248 square feet. The proposed conversion of the floor plan will accommodate five (5) offices, a reception/waiting room for clients entering from the rear of the building and an entry/waiting room for clients entering from the front of the building. The Building Division has reviewed the floor plans and has recommended conditions of approval to modify the building to comply with the City's Building Codes, and the disabled access and parking requirements of the State Building Code. Staff Report - Planning Commission Meeting of November 10, 1998 UP 98-10 - 166 W. Campbell Avenue Page 3 Site Plan and Exterior Modifications: The site plan indicates retainment of the structure as it currently exists and the provision of a parking lot with a new driveway entrance on Jeffers Way. The existing driveway along West Campbell Avenue will be removed and replaced with landscaping and a pedestrian walkway around the building. The wooden fence will also be removed along the property line facing Jeffers Way and W. Campbell Avenue. In addition, the existing air conditioning unit along the west side of the structure will be removed and relocated to the rear of the building, which will not be visible from public view. The applicant is not intending to modify the exterior elevations of the building, except to repair the chimney along the east side of the building and to provide a ramp and walkway for disabled person access to the building and parking lot. Staff has reviewed the ramp providing access to the front entrance to the building, and is not supportive of the metal railing proposed around the ramp. Staff recommends that the applicant revise the railing design and provide a railing enclosure which is architecturally compatible to the existing building in the form of a low stucco wall around the ramp. Landscaping and Trees: The site currently has two (2) trees consisting of an orange tree and a mature black walnut tree. The orange tree will be removed in conjunction with the development of the parking lot. The black walnut tree, located in the rear of the property adjacent to the rear entrance, will be retained on site. Under the City's Tree Protection Ordinance, removal of the orange fruit tree is exempt from the Ordinance requirements and, therefore, does not require a Tree Removal Permit. A condition of approval has been included to protect the black walnut tree from the paving in conjunction with the installation of the parking lot. Staff has reviewed the applicant's proposal to modify the site plan in conjunction with this application and is supportive of the application with the above-referenced modifications. Parking: The required number of parking spaces for the professional office use is 10 parking spaces, based upon a ratio of 1 parking space for each 225 square feet of gross floor area for office use. The applicant is requesting a parking adjustment to allow for a reduction of two (2) parking spaces, for a total provision of 8 parking spaces on-site, including 1 disabled parking space. The parking ratio based upon the proposed number of parking spaces is 1 space for each 281 square feet. The applicant has submitted a letter dated October 22, 1998 requesting that the Planning Commission allow the reduction given that the site is limited by the existing location of the building and that a requirement to provide all 10 parking spaces would in effect require removal of a portion of the building. In addition, the applicant states that agents usually sell insurance at their clients' homes, thereby reducing the amount of customer parking needed on the site. Staff Report - Planning Commission Meeting of November 10, 1998 UP 98-10- 166 W. Campbell Avenue Page 4 Site and Architectural Review Committee: The Site and Architectural Review Committee reviewed the application at its meeting of October 27, 1998 and expressed the following comments: 1. The air conditioning unit located along the west elevation of the structure should be moved to an area at the rear of the structure so that it will not be visible from public view. The Committee is supportive of the reduction of two (2) parking spaces given that the applicant has submitted a letter stating that it would be a hardship to remove a portion of the existing structure to accommodate the two spaces. o The disabled parking space located at the rear of the building should be moved to the east so that the striped loading area access is accommodated between parking spaces. This will allow for easier access to the walkway from the structure. The Committee recommends that a landscaping strip be added along the south (rear) elevation of the structure to provide a buffer between the building and the paved driveway area near the driveway entrance. 5. The applicant should identify the entrances to the structure on the site plan, which should be consistent with exits shown on the floor plans. 6. The chimney is in disrepair and should be repaired to appear as a true chimney, despite the applicant's comment that the chimney will not be functional. ° The applicant should provide information on the plans indicating the grading differences around the structure and how access will be provided from the parking area to the walkway and the structure given the grading difference. The Committee recommends that the applicant demonstrate how the walkway will be ramped to provide access to the landings at the entrances to the structure. 8. The applicant should meet all disabled person access requirements required by code. On November 3, 1998, the applicant submitted revised plans incorporating the recommendations of the Site and Architectural Review Committee as noted above. Staff Report - Planning Commission Meeting of November 10, 1998 UP 98-10- 166 W. Campbell Avenue Pase 5 Attachments 1. Findings for Approval 2. Conditions of Approval 3. Applicant's Parking Adjustment Request dated October 22, 1998 4. Site Plan 5. Location Map Aki Irani, Planner I Approved by: Sharon l:~erro, Senior Planner Attachment 1 FINDINGS OF APPROVAL FOR FILE NO. UP 98-10 SITE ADDRESS: 166 W. Campbell Avenue APPLICANT: Jerry Dunk P.C. MEETING: November 10, 1998 The Planning Commission finds with regards to file no. UP 98-10: 1. The project site is located on property designated as Professional Office by the Zoning and General Plan. 2. The proposed insurance agency business is a professional office use, which is permitted in the P-O (Professional Office) Zoning District. 3. The proposed conversion of the existing residence to a professional office use is permitted in the P-O (Professional Office) Zoning District with approval of a Conditional Use Permit. 4. The hours of operation of the proposed use are Monday through Friday, 8 a.m. to 7 p.m., which is consistent with hours of operation for office uses. 5. The proposed reduction in the number of required parking spaces is not considered significant and the proposed parking is adequate to serve the proposed project. 6. The project is compatible and consistent with the surrounding commercial and residential uses. 7. The conversion of the residential structure will be required to meet all City Building Code requirements to allow the professional office use. Based upon the foregoing findings of fact, the Planning Commission concludes that: 1. The proposed use is consistent with the General Plan and Zoning Ordinance. The establishment, maintenance, or operation of the use will not be detrimental to the public health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental to property and improvements in the neighborhood or to the general welfare of the City. 3. The proposed site is adequate in size and shape to accommodate the proposed professional office use. 4. The site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. Attachment 2 CONDITIONS OF APPROVAL FOR FILE NO. UP 98-10 SITE ADDRESS: 166 W. Campbell Avenue APPLICANT: Jerry Dunk P.C. MEETING: November 10, 1998 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. 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 1. Approved Project: Approval is granted for a Use Permit (UP 98-10) to allow the conversion of a single-story, 2,248 square foot single-family residence to a professional office use on property located at 166 W. Campbell Avenue. Project shall substantially comply with the following submitted plans and letter, except as modified herein in the Conditions of Approval. a. Project summary description page of plans prepared by Jerry Dunk, applicant. b. Site plan prepared by Jerry Dunk, applicant, dated as received on November 3, 1998. c. Floor plan submitted by Jerry Dunk, applicant, dated as received on November 3, 1998. d. Elevations submitted by Jerry Dunk, applicant, dated as received on October 5, 1998. e. Letter requesting parking adjustment dated October 22, 1998. Use Permit Expiration: The Use Permit approval (UP 98-10) for this project is valid for a period of one year from the Planning Commission approval. All conditions of approval specified herein must be completed within one year from the date of approval or the Use Permit shall be void. Parking Adjustment: A parking adjustment is granted which permits the reduction of two (2) parking spaces from the number of required parking spaces (10 spaces) for the professional office use. A minimum of eight (8) parking spaces shall be provided on site. 4. Hours of Operation: The hours of operation for the professional office use shall be 8 a.m. to 7 p.m., Monday through Friday as stated in the applicant's project summary description. Landscaping: a. Prior to the issuance of building permits, the applicant shall submit landscaping and irrigation plans for review and approval by the Community Development Director. Conditions of Approval -Planning Commission Meeting of November 10, 1998 UP 98-10- 166 W. Campbell Avenue Page 2 bo Prior to the issuance of building permits, the applicant shall provide a tree protection plan to be reviewed and approved by the Community Development Director indicating how the black walnut tree is to be retained and protected on site in conjunction with the installation of the parking lot. The applicant shall be required to demonstrate that the paving in conjunction with the parking lot installation will not interrupt the healthy maintenance of the existing black walnut tree and shall provide permeable paving under the dripline of the tree to ensure maintenance, if deemed necessary by the Community Development Director. C° The on-site landscaping plan shall indicate the installation of turf, minimum 15-gallon trees, and minimum 5-gallon shrubs, except the area adjacent to the stucco wall railing, which shall have minimum 10-gallon shrubs. o Ramp Design: Prior to the issuance of building permits, the applicant shall revise the design of the railing around the disabled person ramp to provide a railing design which is architecturally compatible to the existing building in the form of a low stucco wall painted to match the color of the building. Air Conditioning Unit: The existing air conditioning unit along the west elevation of the structure shall be relocated to an area at the rear of the building and shall not be visible from public view. 8. Fence: The applicant shall remove the existing fence along the property line adjacent to W. Campbell Avenue and Jeffers Way. 9. Chimney Repair: The chimney on the east side of the structure shall be repaired to appear as a functional chimney. 10. Parking and Driveway: Prior to the issuance of building permits for the project, the applicant shall comply with Chapter 21.50 of the Campbell Municipal Code, unless modified by the Conditions of Approval. 11. Property Maintenance: The property is to be maintained free of any combustible trash, deris and weeds until the time that actual construction commences. 12. Signage: Any sign(s) proposed to be erected on site shall require approval of a Sign Permit. A Sign Permit may be granted upon complete submission of a Sign application and approval by the Community Development Department in accordance with the City's Sign Ordinance. No sign shall be permitted until the application is approved an a permit issued. Conditions of Approval - Planning Commission Meeting of November 10, 1998 UP 98-10 - 166 W. Campbell Avenue Page 3 13. Roof-mounted mechanical equipment: No new and/or replaced roof-mounted equipment shall be located on the roof of the building without providing screening of the mechanical equipment and obtaining approval by the Community Development Director. 14. Building Division Requirements: The applicant shall comply with the following: a. Occupancy change from R-3 to B requires greater setbacks, or increased fire-resistive construction. Business (B) occupancy requires one (1) hour construction within twenty (20) feet of the property line; openings are not permitted within five (5) feet of the property line, and protected within ten (10) feet. (Single-family (R-3)) only requires one (1) hour construction within three (3) fee of the property line. Openings are not permitted within three (3) feet of the property line. Per UBC T 5-A. b. The building, and at least one set of bathroom fixtures, shall be disabled accessible per UBC 1103 and 1105. c. The five (5) foot wide disabled parking access aisle must be on the passenger side per CAC D-6.1.1. do The applicant shall comply with all Building Code requirements and obtain necessary permits as determined by the City's Building Division, including disabled person access and parking requirements of the State Building Code. PUBLIC WORKS DEPARTMENT 15. Street Improvements: Prior to issuance of any grading or building permits for the site, the applicant shall cause plans for public Street Improvements to be prepared by a registered civil engineer, pay fees, post security and provide insurance necessary to obtain an encroachment permit for construction of the public improvements, as required by the City Engineer. The plans shall include the following: Campbell Avenue a. Removal of the existing driveway approach and reconstruction of a new driveway approach to serve the abutting property to the east, 146 West Campbell Avenue. b. Remodel existing pedestrian handicap ramp at the SE comer of Campbell Avenue and Jeffers Way to comply with ADA requirements. Conditions of Approval -Planning Commission Meeting of November 10, 1998 UP 98-10- 166 W. Campbell Avenue Page 4 Jeffers Way a. Removal of existing curb, gutter, sidewalk, and pavement as needed to construct a 25 foot commercial driveway approach in compliance with ADA requirements. On-site fencing shall be removed to provide adequate sight distance for driveway. Campbell Avenue and Jeffers Way a. Installation of street trees and irrigation system at 40' on-center. b. Construction of any conforms necessary to match existing improvements. 16. Water Meter and Sewer Cleanout: Water Meter and Sewer Cleanout shall be relocated to private property behind the public right-of-way line. 17. Utilities: All on-site Utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 18. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant shall submit a Utility Installation Coordination Plan and Schedule for approval by the City Engineer for installation and/or abandonment of all utilities. Streets which have been resurfaced within the previous 5 years will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 19. Maintenance Security: Prior to issuance of occupancy approval for the site, all public street improvements required by the street improvement agreement and the encroachment permit must be completed and accepted by the City and the applicant must provide a one-year Maintenance Security in an amount of 25% of the Faithful Performance Bond. 20. Drainage System: Prior to occupancy clearance, the applicant shall refurbish, remodel, and reconstruct the on-site Drainage System, as necessary, to demonstrate that the facilities are functioning normally in accordance with the requirements of the City. 21. 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. The current fee is $2,500 per acre or $511. Conditions of Approval - Planning Commission Meeting of November 10, 1998 UP 98-10 - 166 W. Campbell Avenue Page 5 22. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permitting requirements and the California Storm Water Best Management Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District and the City of Campbell Municipal Code regarding Storm Water Pollution Prevention. FROM : U..S.A. PHONE NO. : 518+755 0505 Oct. 25 1998 04:50PM PO1 To: City of Campbell Community Development Department Mrs. Aki ir~ni October 22, 1998 70 North First Street Campbell, CA 95008-1423 Re: UP 98-10-166 W. Campbell Avenue Dear Mrs. 'Irani, At the proposed Insurance office, on 166 W. Campbell Municipal code requires us to have ten parking spaces. To our regret wc can only fit eight spaces including one handicapped space on the lot as it is, this after we were denied a proposed extra two spaces in the frontyard. We flfink that this fact should not be a obstacl; tbr obtaining the usage change. The proposed oflic, is to be the base of operation for four insurance agents. The agea~ts are to sell insurance usually at clients and potential clients homes thereby not generating "client" traffic at the proposed office. The office is to be used primarily for dala processing, phone inquiries, phone quotations and appointment scheduling. There will be two full-time assistants on the premises. If by any chance all agenta and assistants are at tho premises it would require six parking spaces which means there would be two parking spaces, including one handicapped left in ease, at the rare chance, there would be the need for a di,nt to park. lfwe would be forced to provide the required ten spaces it would mean an extrem~ hardship on my clients as they would be forced to tear part of thc building down. Loosing valuable office space and costing a more than considerable amount ofinoney. In short we would do anything we thought was in our power and means and provide all that there will be minimal traffic so we hope you can agree with ten spaces but w_.~w us and~ thyge clmnge.