Loading...
Use Permit - Chiropractic - 2009CITY OF CpIMPBELL Communirv Development Department May 28, 2009 Mr. Bruce Watson 3195 S. Bascom Avenue Campbell, CA 95008 Re: PLN2009-46 - 2207 S. Bascom Avenue -Use Permit -Medical (Chiropractic) Use Dear Applicant: Please be advised that at its meeting of May 26, 2009, the Planning Commission adopted Resolution No. 3945 granting a Conditional Use Permit (PLN2009-46) to allow the establishment of a medical (;chiropractic) office use 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, June 5, 2009. 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 farth a more specific time period. Please sign the acknowledgement on page 3 of the Resolution and return it to the Planning Division, 70 N. First Street, Campbell, CA 95008, within 30 days. If you have any questions, do not hesitate to contact me at (408) 866-2140. Sin rely, ~_~~ Daniel Fama Assistant Planner cc Ciddy Wordell, Acting Principal Planner Ed Arango, Associate Engineer Frank Mills, Senior Building Inspector Chris Veargason, Deputy Fire Marshall II Martin Hertz Associates (Property Owners) P.O. Box 13158 Oakland, CA 94661 ?0 North First Strect Campbell, California 95008-14? i ~rr:~. 408.86(i.214U rnx 408.871 .~ 140 'rt~n 4U8.8(iG.2790 RESOLUTION NO. 3945 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING A CONDITIONAL USE PERMIT (PLN2009-46) TO ALLOW THE ESTABLISHMENT OF A MEDICAL (CHIROPRACTIC) OFFICE USE ON PROPERTY OWNED BY MARTIN HERTZ ASSOCIATES LOCATED AT 2207 S. BASCOM AVENUE IN A C-2-S (GENERAL .COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR. BRUCE WATSON. FILE NO.: PLN2009-46. 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 PLN2009-46 1. The proposed medical (chiropractic) office is consistent with the General Commercial General Plan land use designation. 2. The proposed medical use will be compatible with the C-2 (General Commercial) zoning designation with approval of a Conditional Use Permit. 3. The project site consists of a 49,223 sq. ft. parcel currently developed with two single story retail buildings. 4. The project provides 86 parking spaces where a minimum of 66 parking spaces are required. 5. The subject property is located on the west side of S. Bascom Avenue south of Apricot Avenue. 6. The proposed project is consistent with other developments and uses in the surrounding area. 7. The business hours shall be restricted to 7:00 AM to 8:00 PM., Monday through Sunday. Operational hours shall be restricted to 6:00 AM to 9:00 PM, not to include the lawful, reasonable and customary use as a professional office in a manner that does not interfere with the reasonable use and enjoyment of other properties. 8. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 of the California Environmental Quality Act (CEQA), pertaining to projects characterized as in-fill development. 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. Planning Commission Rey ation No. 3945 PLN2009-46 - 2207 S. Bascom Avenue -Use Permit - Medical (Chiropractic) Use Page 2 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 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. 5. 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. 6. 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. 7. 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. 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. 9. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. 10. 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 (PLN2009-46) to allow the establishment of a medical (Chiropractic) office use on property owned by Martin Hertz Associates located at 2207 S. Bascom Avenue in a C-2-S (General Commercial) Zoning District. 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 Planning Commission Res .tion No. 3945 PLN2009-46 - 2207 S. Bascom Avenue -Use Permit - Medical (Chiropractic) Use Page 3 applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. Planning Division: Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning Commission approval, the applicant shall sign the final, approved set of Conditions of Approval. Until said Conditions are signed, the proposed Use Permit shall not be valid for any permits sought from the City. Acknowledged & Accepted: _-, _ ruce Watson Date 2. Approved Proiect: Approval is granted for a Conditional Use Permit (PLN2009-46) to allow the establishment of a medical (Chiropractic) office in an existing retail building located at 2207 S. Bascom Avenue. The project shall substantially conform to the Project Plans (site Plan and floor plan) and Written Description stamped as received by the Community Development Department on April 14, 2009, except as may be modified by additional conditions specified herein: 3. Planning Final Required: Planning sign off is required to prior to Building Permit final. Construction not in substantial compliance with the approved project plans shall not be approved without prior authorization of the necessary approving body. 4. Business License Required: The use approved herein shall not be established until issuance of a Business License has been granted. 5. Transferability: Prior to issuance of a business license pursuant to this Conditional Use Permit to a new owner(s) of the subject business, said new owner(s) shall be required to a sign the approved Resolution, incorporating the final approved set of Conditions of Approval. 6. 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. 7. 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. Planning Commission Rey ation No. 3945 PLN2009-46 - 2207 S. Bascom Avenue -Use Permit - Medical (Chiropractic) Use Page 4 8. Business/Operational Hours: Operational/Business hours permitted by the Conditional Use Permit approved herein are as follows: • Operational Hours: 6:00 AM to 9:00 PM • Business Hours 7:00 AM to 8:00 PM The approved medical office shall only be open to the public only during those hours specified above as `Business Hours'. During the additional time provided by the `Operational Hours', specified above, employees or contractual staff may be on site for preparation, clean-up, or other business-related activity. At no time shall employees or contractual staff, other than the business owner during an emergency, arrive prior to or after the specified operational hours. Not to include the lawful, reasonable and customary use as a professional office in a manner that does not interfere with the reasonable use and enjoyment of other properties. In the event credible complaints are received by the City of violations of these conditions of approval or any applicable law, the Community Development Director may immediately modify the hours of operation and/or limit the extended hours of operation, subject to the project being brought back to the Planning Commission for review. 9. 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. 10. SignaQe: No signage is approved as part of the development application approved herein. All signage shall be installed and maintained consistent with existing on-site signage. ll. 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. 12. Landscape Maintenance: The owner/operator of the property shall provide on-going maintenance of the existing on-site landscaping. 13. 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. 14. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. air conditioning units, ventilation ducts or vents), shall be added to the existing building without providing screening of the mechanical equipment from public view and Planning Commission Re:. ation No. 3945 PLN2009-46 - 2207 S. Bascom Avenue -Use Permit - Medical (Chiropractic) Use Page 5 surrounding properties. The screening material and method shall be architecturally compatible with the building and requires review and approval by the Community Development Director and Building Division prior to installation of such screening. 15. Noise: a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, and/or music, generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. Public address systems of all types are strictly prohibited. b. Noise Management: In the event credible complaints are received by the City regarding noise, the Community Development Director may immediately modify the hours of operation and/or limit the extended hours of operation, subject to the project being brought back to the Planning Commission for review. 16. 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. 17. 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. Restriping of existing parking shall be reviewed and approved by the Community Development Director. Building Division: 18. Permits Required: A building permit application shall be required for the proposed tenant improvements for the proposed medical office tenant improvement to the (e) commercial structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 19. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 20. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches. 21. 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. 22. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as Planning Commission Res...tion No. 3945 PLN2009-46 - 2207 S. Bascom Avenue -Use Permit - Medical (Chiropractic) Use Page 6 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. 23. 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 of the building envelope and lighting of the building. 24. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, the architect or engineer Hof 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 C.B.C Appendix Chapter 1, Section 106. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 25. 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. 26. 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. 27. 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. 28. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District b. Santa Clara County Fire Department 29. 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. & E. concerning utility easements, distribution pole locations and required conductor clearances. COUNTY FIRE DEPARTMENT 30. Remodel Plans: Remodel plans must be reviewed by this office. Planning Commission Resolution No. 3945 PLN2009-46 - 2207 S. Bascom Avenue -Use Permit - Medical (Chiropractic) Use Page 7 PASSED AND ADOPTED this 26~h day of May, 2009, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: Alster, Gairaud, Gibbons, Rocha and Roseberry None Alderete and None APPROVED: ATTEST: - Ciddy Wordel ,Acting Secretary Ebner VVATSON CHIROPRACTIC Written Statement for Use Permit Application To Whom It May Concern: My name is Bruce Watson and I am a family chiropractic doctor who has been in practice since 1997. For over ten years I have served the community of Campbell. For nine years, I was located at 2195 S Bascom Ave, # 1. In January 2008, I moved my practice to the office of Dr. Ken Savage (Chiropractic First) at 3195 S Bascom Ave. The following Use Permit application is for an office space located at 2207 S Bascom Ave. The main reasons for my interest in this space are: a) central location with easy access, b) ample parking during all hours of the day, and c)the right size office space with no need to change the interior structure. I feel. the permit should be granted because my request falls within usual and customary business practices. As proven for the past ten years, my new office will be run with. the utmost professionalism and respect for our community. Not only will my chiropractic office give back by providing essential health services, we will also serve our neighbors through philanthropic means. I have been a member of the Campbell Kiwanis Club for approximately eight years. Through this membership I donate my time and personal money to the community of Campbell. A few years ago, Chief Dave Gullo spoke to our club about his police department and requested our help to provide three defibrillator units. The club voted no because our focus is mostly on children so I decided to make it a personal fundraiser in my office. I was able to donate funds for one unit and through my announcement at a Campbell Chamber of Commerce luncheon (which I have been a member of for years) the other two were donated. In addition, I annually donate one scholarship for "The Kiwanis Turnaround Scholarship." This scholarship goes directly to children in our community who have experienced hardship in high school but have the desire to "turn it around" and attend college. As my children grow, I would like to become more involved with the Citv of Campbell. C+~r d CampbeN n APPROVES PROJECT Ellalt...Y ~LV,~6~C1-~l ~ Type of Application ~ V 5 P ~"'/Nir~ - /~l Phi C41 Approved by' ^ Community DevekpmeAt OileCbr I~Planning Commission ^ City Council Approval Date: S/o~~~4ci Resolution ! Ordip~nce # ____~ q ~S ~i.Phnri~2d k?v_ ~~ _-- - ~,~ i~ APR 14 2009 ~pLYAONING DEPT.L The hours of my new office will be the same, or very similar, to my current hours. I am now open on Monday, Wednesday and Thursday from lam-11:30am and from 4pm-7pm. Tuesdays hours are 4pm-7pm only. I will have one employee working for me at my new office (just as I did at my old office). My patient flow during those hours will be one to three patients in the office at any given time. Thank you very much for your time and consideration for this permit. Be Well, r. Bruce tson, D.C.