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Use Permit - 2007December 4, 2007 Dr. Melody Lynd 2450 Samaritan Drive San Jose, CA 95124 Re: PLN2007-155 - 80 E. Hamilton Avenue - Use Permit - Medical Use Dear Applicant: Please be advised that at its meeting of November 27, 2007, the Planning Commission adopted Resolution No. 3856 approving a Conditional Use Permit (PLN2007-155) for a change of use from Professional Office to Medical Office for an existing office building on the above-referenced property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5 p.m. on Friday, December 7, 2007. The time within which judicial review of this action must be sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless another statute (such as California Government Code Section 65009 or some other applicable provision) sets forth a more specific time period. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Steve Prosser Planner I cc: Paul & Helen Middione (Property Owners) 80 E. Hamilton Avenue Campbell, CA 95008 70 North First Street . Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.871.5140 . TOD 408.866.2790 Planning Commission Res\....Jtion No. 3856 PLN2007-155 - 80 E. Hamilton Avenue Use Permit - Change of Use from Professional Office to Medical Office Page 2 1. The proposed project is consistent with the General Plan. 2. 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 Municipal Code. 3. The proposed project, as conditioned, will aid in the harmonious development of the immediate area. 4. The proposed project is well designed and is architecturally compatible with the surrounding neighborhood. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. 11. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. THEREFORE, BE IT RESOLVED that the Planning Commission grants a Conditional Use Permit (PLN2007-155) for a change of use from Professional Office to Medical Office for an existing office building on property owned by Paul and Helen Middione located at 80 E. Hamilton Avenue in a P-O (Professional Office) Zoning District) Zoning District. Planning Commission Res,,-..Aion No. 3856 PLN2007-155 - 80 E. Hamilton Avenue Use Permit - Change of Use from Professional Office to Medical Office Page 3 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. Aooroved Proiect: Approval is granted for a Conditional Use Permit (PLN2007-155) to allow a medical use (plastic surgery clinic) located at 80 E. Hamilton Avenue. The project shall substantially conform to the project plans and project description received by the Planning Division on September 18, 2007, except as may be modified by the conditions of approval contained herein. 2. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be valid for one year from the date of final approval. Within this one-year period, the use must be established on the property and the conditions of approval satisfied. Failure to meet this deadline will result in the Conditional Use Permit being void. 3. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission. 4. Ooerational Hours: The hours of operation shall be restricted to 9:00 a.m. to 5:00 p.m., Monday through Friday, exclusive of the customary and reasonable use of the medical office (non-customer related). At no time shall business related activity occur between the hours of 11 :00 p.m. and 6:00 a.m. 5. Sianaae: No signage is approved as part of the development application approved herein. All signage shall be installed and maintained consistent with the provision of the Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code. 6. Loiterinq: There shall be no loitering allowed outside the business in the rear parking lot or the side parking lot areas. The business owner is responsible for monitoring the premises to prevent loitering. 7. Outdoor Storaae: 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. Planning Commission ResL.Ation No. 3856 PLN2007-155 - 80 E. Hamilton Avenue Use Permit - Change of Use from Professional Office to Medical Office Page 4 8. 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. 9. Landscape Maintenance: The owner/operator of the property shall provide on-going maintenance of the existing on-site landscaping. 10. On-Site Liahtina: Any proposed on-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any exterior lighting shall be reviewed and approved by the Community Development Director, prior to issuance of a building permit. Lighting fixtures shall be of a decorative design to be compatible with the development and shall incorporate energy saving features. . 11. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done in the late evening or early morning hours. All clean up shall be done between 8:00 a.m. and 8:00 p.m. daily. 12. Parkina and Drivewavs: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. A total of 8 parking spaces will be provided. Building Division 13. Permits Reauired: A building permit application shall be required for the proposed new tenant improvements to the existing commercial structure for the proposed medical office use. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 14. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 15. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches. 16. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 17. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. The site plan shall also include site drainage details, site address, and parcel numbers. Site parking and path of travel to public sidewalks shall be detailed. Planning Commission ResL....ltion No. 3856 PLN2007-155 - 80 E. Hamilton Avenue Use Permit - Change of Use from Professional Office to Medical Office Page 5 18. Medical Office Use Requirements: Applicant is advised that medical offices are subject to specific electrical code requirements under Article 517 of the California Electrical Code. The office space in question must comply with Article 517. 19. Title 24 EnerQV Compliance: California Title 24 Energy Standards Compliance forms shall be blue-lined on the construction plans. Compliance with the Standards shall be demonstrated for conditioning of the building envelope and lighting of the building. 20. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 21. Non-Point Source: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 22. Title 24 Accessibilitv - Commercial: On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities and sidewalks. 23. Title 24 Accessibilitv - Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 24. Approvals Reauired: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District 27. PG&E: Applicant is advised to contact Pacific Gas and Electric Company as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. Applicant should also consult with P.G. and E. concerning utility easements, distribution pole locations and required conductor clearances. FIRE DEPARTMENT 28. Hazardous Materials Compliance Review: Determination of compliance for the potential use, dispensing, and or storage of hazardous materials is not part of this review. Questions regarding Hazardous Materials may be directed to the hazardous materials specialists at (408) 378-4010, extension 20. These issues should be addressed as soon as possible to prevent plan review, and permit approval delays, Planning Commission Resolution No. 3856 PLN2007-155 - 80 E. Hamilton Avenue Use Permit - Change of Use from Professional Office to Medical Office Page 6 PASSED AND ADOPTED this 27th day of November, 2007, by the following roll call vote: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Alderete, Doorley, Ebner, Gairaud, Gibbons and Roseberry None Rocha None AYES: Commissioners: APPROVED: Bob Roseberry, Actin hair ATTEST: r- " '" ~ ITEM NO.3 ,.\,~O'( . CAl!.tp<l\ !:: ~ U r- o 0 .. ... 1- .. '" c.' 'O~CHI'''O' CITY OF CAMPBELL. PLANNING COMMISSION Staff Report . November 27,2007 PLN2007-155 Lynd. M. Public Hearing to consider the application of Dr. Melody Lynd for a Conditional Use Permit (PLN2007-155) to allow a medical use (plastic surgery clinic) on property owned by Paul & Helen Middione, located at 80 E. Hamilton Avenue in the P-O (Professional Office) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following action: 1. Adopt a Resolution, incorporating the attached findings, approving a Conditional Use Permit (PLN2007-155) to allow a medical use (plastic surgery clinic), subject to the attached Conditions of Approval. ENVIRONMENTAL DETERMINATION Staff recommends that the Planning Commission find that this project is Categorically Exempt under Section 15301, Class 1 of the California Environmental Quality Act (CEQA), pertaining to minor alterations to existing private structures. PROJECT DATA Gross Lot Area: Net Lot Area: 0.39 acres 0.12 acres Site Utilization: Building Coverage: Landscape Coverage: Paving Coverage: 24% (1,225 sq. ft.) 21 % (1,102 sq. ft.) 55% (2,894 sq. ft) Tenant Space 1,531 square feet Parking Required: 1 Parking Space per 200 sq. ft. gross floor area (1,578 sq. ft. /200 = 8 parking spaces) Parking Provided: 8 Parking Spaces Surrounding Uses: North: South: East: West: Office/Residential Office/Residential Office Commercial ----- Staff Report - Planning Cortrmission Meeting of November 27,2007 PLN2007-155 - 80 E. Hamilton Avenue Page 2 DISCUSSION Applicant's Proposal: The applicant is requesting approval of a Conditional Use Pennit to allow a medical use (plastic surgery clinic) in an existing building, located at 80 E. Hamilton Avenue (reference Attachment 4, Applicant's Written Statement). No expansion of the existing building is proposed and there are no proposed changes to exterior of the building (reference Attachment 3, Project Plans). The plastic surgery clinic will provide minor injectable procedures, such as Botox, and laser skin procedures along with consultation services. Major procedures are performed off-site. The proposed hours of operation will be from 9:00 a.m. to 5:00 p.m., Monday through Friday. Background: The existing building was previously used as an office. Prior improvements to the building were completed under a Building Permit (BLD2003-1353) (reference Attachment 5, Site Photographs). Proiect Location: The property is located on the south side of E. Hamilton Avenue, between Winchester Boulevard and Esther Avenue. The property is surrounded by office and single- family residential land uses to the north and south, commercial uses to the west and office uses to the east (reference Attachment 6, Location Map). ANALYSIS General Plan Designation: The General Plan land use designation for the project site IS Professional Office. The proposed medical use is consistent with this land use designation. Zoning Designation: The zoning designation for the project site is P-O (Professional Office). The P-O Zoning District allows for a medical use with approval of a Conditional Use Permit. The proposed project would be consistent with the Zoning Ordinance with approval of a Conditional Use Permit. Parking: Pursuant to the Campbell Parking and Loading Ordinance, one parking space per 200 sq. ft. of gross floor area is required. The medical use (physical therapy clinic) would be 1,578 square feet and therefore requires 8 parking spaces. A total of 8 parking spaces are shown on the site plan. Accessibilitv Requirements: As the proposed project site does not have elevator access to the 2nd floor, staff has strongly encouraged the applicant to meet with the Building Department to verify compliance with ADA accessibility requirements. Site and Architectural Review Committee: The Site and Architectural Review Committee did not review this application, as there are no proposed changes to the exterior of the building or site configuration as part of this approval. Staff Report - Planning COITllnission Meeting of November 27,2007 PLN2007-155 ~ 80 E. Hamilton Avenue Page 3 Attachments: 1. Findings for Approval of File No. PLN2007-144 2. Conditions of Approval for File No. PLN2007-l44 3. Project Plans 4. Applicant's Written Statement 5. Site Photographs 6. Location Map Prepared by: Approved by: A7L - Steve Prosser, Planner I g Lind, l\ICP, Acting Community Development Director Attachment # 1 FINDINGS FOR APPROVAL OF FILE NO. PLN2007-155 SITE ADDRESS: APPLICANT: P.e. MEETING: 80 E. Hamilton Avenue Dr. Melody Lynd November 27, 2007 Findings for approval of a Conditional Use Permit to allow a medical use on property located at 80 E. Hamilton Avenue The Planning Commission finds as follows with regard to file number PLN2007-l55: 1. The proposed medical use (plastic surgery clinic) is consistent with the Professional Office General Plan land use designation. 2. The proposed medical use will be compatible with the P-O (Professional Office) zoning designation with approval of a Conditional Use Permit. 3. The project site consists of an existing 1,531 square foot office building. 4. The project provides 8 parking spaces and a minimum of 8 parking spaces are required. 5. The project site is .39 gross acres and is located on the south side of E. Hamilton Avenue, between Winchester Boulevard and Esther Avenue. The property is surrounded by office uses to the north and east, commercial uses to the west and a medical use to the south. 6. No exterior modifications to the building are proposed in conjunction with the proposed medical use. 7. The proposed project is consistent with other developments and uses in the surrounding area. 8. The hours of operation shall be restricted to 9:00 a.m. to 5:00 p.m., Monday through Friday, exclusive of the customary and reasonable use of the medical office (non-customer related). 9. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing Facilities) ofthe California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project is consistent with the General Plan. 2. 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 Municipal Code. 3. The proposed project, as conditioned, will aid III the harmonious development of the immediate area. Attachment # 1 Page 2 of2 4. The proposed project is well designed and is architecturally compatible with the surrounding neighborhood. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. 11. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. Attachment #2 CONDITIONS OF APPROVAL FOR FILE NO. PLN2007-155 SITE ADDRESS: APPLICANT: P.C. MEETING: 201 E. Hamilton Avenue Dr. Melody Lynd November 27,2007 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. Where approval by the Community Development Director, 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 Proiect: Approval is granted for a Conditional Use Permit (PLN2007-155) to allow a medical use (plastic surgery clinic) located at 80 E. Hamilton Avenue. The project shall substantially conform to the project plans and project description received by the Planning Division on September 18, 2007, except as may be modified by the conditions of approval contained herein. 2. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be valid for one year from the date of final approval. Within this one-year period, the use must be established on the property and the conditions of approval satisfied. Failure to meet this deadline will result in the Conditional Use Permit being void. 3. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation ofthe Conditional Use Permit by the Planning Commission. 4. Operational Hours: The hours of operation shall be restricted to 9:00 a.m. to 5:00 p.m., Monday through Friday, exclusive of the customary and reasonable use of the medical office (non-customer related). At no time shall business related activity occur between the hours of 11 :00 p.m. and 6:00 a.m. 5. Signage: No signage is approved as part of the development application approved herein. All signage shall be installed and maintained consistent with the provision of the Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code. Attachment #2 Page 2 of 4 6. Loitering: There shall be no loitering allowed outside the business in the rear parking lot or the side parking lot areas. The business owner is responsible for monitoring the premises to prevent loitering. 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. Propertv 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. 9. Landscape Maintenance: The owner/operator of the property shall provide on-gomg maintenance of the existing on-site landscaping. 10. On-Site Lighting: Any proposed on-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any exterior lighting shall be reviewed and approved by the Community Development Director, prior to issuance of a building permit. Lighting fixtures shall be of a decorative design to be compatible with the development and shall incorporate energy saving features. 11. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done in the late evening or early morning hours. All clean up shall be done between 8:00 a.m. and 8:00 p.m. daily. 12. Parking and Drivewavs: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. A total of 8 parking spaces will be provided. Building Division 13. Permits Required: A building permit application shall be required for the proposed new tenant improvements to the existing commercial structure for the proposed medical office use. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 14. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 15. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches. 16. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. Attachment #2 Page 3 of 4 17. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. The site plan shall also include site drainage details, site address, and parcel numbers. Site parking and path of travel to public sidewalks shall be detailed. 18. Medical Office Use Requirements: Applicant is advised that medical offices are subject to specific electrical code requirements under Article 517 of the California Electrical Code. The office space in question must comply with Article 517. 19. Title 24 Energy Compliance: California Title 24 Energy Standards Compliance forms shall be blue-lined on the construction plans. Compliance with the Standards shall be demonstrated for conditioning ofthe building envelope and lighting of the building. 20. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 21. Non-Point Source: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 22. Title 24 Accessibility - Commercial: On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities and sidewalks. 23. Title 24 Accessibility - Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 24. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District 27. PG&E: Applicant is advised to contact Pacific Gas and Electric Company as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. Applicant should also consult with P.G. and E. concerning utility easements, distribution pole locations and required conductor clearances. FIRE DEPARTMENT 28. Hazardous Materials Compliance Review: Determination of compliance for the potential use, dispensing, and or storage of hazardous materials is not part of this review. Questions regarding Hazardous Materials may be directed to the hazardous materials specialists at (408) 378-4010, extension 20. These issues should be addressed Attachment #2 Page 4 of 4 as soon as possible to prevent plan review, and permit approval delays, Acknowledged & Accepted: Dr. Melody Lynd