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Use Permit- Chiropractic - Unit F - 2009March 12, 2009 Tamara L. Diaz, D.C. 1338 The Alameda San Jose, CA 95126 Re: PLN2009-25 - 268 E. Hamilton Avenue, Unit F Use Permit -Medical (Chiropractic) Office Use Dear Applicant: Please be advised that at its meeting of March 10, 2009, the Planning Commission adopted Resolution No. 3940 granting a Conditional Use Permit (PLN2009-25) 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, March 20, 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 forth a more specific time period. Please sign the acknowledgement on page 3 of the Resolution and return a copy 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. Sincerely, Planning Intern cc Tim J. Haley, Acting Principal Planner Ed Arango, Associate Engineer Frank Mills, Senior Building Inspector Chris Veargason, Deputy Fire Marshall, II Ross-Green Valley II (Property Owner) 777 N. First Street, 5th Floor San Jose, CA 95112 RESOLUTION NO. 3940 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING A CONDITIONAL USE PERMIT (PLN2009-25) TO ALLOW THE ESTABLISHMENT OF A MEDICAL (CHIROPRACTIC) OFFICE USE IN AN EXISTING OFFICE SPACE ON PROPERTY OWNED BY ROSS-GREEN VALLEY II LOCATED AT 268 E. HAMILTON AVENUE, UNIT F, IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF MS. TAMARA I. DIAZ, D.C. FILE NO.: PLN2009- 25. 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 PLN2009-25 1. The proposed medical (chiropractic) office is consistent with the General Commercial General Plan land use designation. 2. The proposed medical (chiropractic) office 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 730 square foot chiropractic office in an existing multi- tenant professional office complex. 4. The project site is located in the Hamilton Business Park on the south side of E. Hamilton Avenue between Third Street and N. Central Avenue. The property is surrounded by commercial uses to the north, east and west, with residential uses to the south. 5. The proposed project provides 184 shared parking spaces with a parking demand of 4 spaces. 6. The proposed project is consistent with other developments and uses in the surrounding area. 7. No exterior modifications to the building are proposed in conjunction with the proposed chiropractic office. 8. The hours of operation shall be restricted to 7:00 a.m. to 10:00 p.m., Monday through Sunday. 9. The business hours, in which the office can be open to the public, shall be restricted to 8:00 a.m. to 9:00 p.m., Monday through Sunday. Planning Commission Res~.~tion No. 3940 PLN2009-25 - 268 E. Hamilton Avenue, Unit F-Use Permit-Medical (Chiropractic) Use Page 2 10. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing Facilities) of the 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 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. 7. 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. 8. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. THEREFORE, BE IT RESOLVED that the Planning Commission grants a Conditional Use Permit (PLN2009-25) to allow the establishment of a medical (Chiropractic) office use in an existing office space on property owned by Ross-Green Valley II located at 268 E. Hamilton Avenue, Unit F, 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 Resolution No. 3940 PLN2009-25 - 268 E. Hamilton Avenue, Unit F-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. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 1. Declaration of Acceptance of All Conditions: Within thirty (30) days of Community Development Director Approval, the applicant shall sign the final, approved set of Conditions of Approval. Until said Conditions are signed, the proposed Conditional Use Permit shall not be valid for any permits sought from the City. Acknowledged & Accepted: ara L. Diaz, D.C., Applicant 2. Approved Project: Approval is granted for a Conditional Use Permit (PLN2009-25) for a change of use from professional office suite to a medical (chiropractic) office located at 268 E. Hamilton Avenue, Suite F. The project shall substantially conform to the project plans and project description received by the Planning Division on January 20, 2009, except as may be modified by the conditions of approval contained herein. 3. 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. 4. 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. 5. Operational Hours: The hours of operation shall be restricted to 7:00 a.m. to 10:00 p.m., Monday through Sunday. At no time shall business related activity occur between the hours of 11:00 p.m. and 6:00 a.m. 6. Business Hours: The business hours, in which the office can be open to the public, shall be restricted to 8:00 a.m. to 9:00 p.m., Monday through Sunday. 7. 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. Planning Commission Res. .lion No. 3940 PLN2009-25 - 268 E. Hamilton Avenue, Unit F-Use Permit-Medical (Chiropractic) Use Page 4 8. Si na e: 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. 9. 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 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. 10. Trash & Clean Up: Trash and clean up shall not be done in the late evening or early morning hours. All trash and clean up shall be done between 6:00 a.m. and 11:00 p.m. daily. 11. 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. A total of 184 shared parking spaces will be provided. Building Division: 12. Permits Required: A building permit application shall be required for the proposed change in use in an existing commercial structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 13. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 14. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches. 15. 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. 16. 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. 17. 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. Planning Commission Res...,ation No. 3940 PLN2009-25 - 268 E. Hamilton Avenue, Unit F-Use Permit-Medical (Chiropractic) Use Page 5 18. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, 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 C.B.C Appendix Chapter 1, Section 106. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 19. 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. 20. 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. 21. 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. 22. 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. 23. 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 PASSED AND ADOPTED this 10th day of March, 2009, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: Alster, Ebner, Gairaud, Gibbons and Rocha None Alderete and Roseberry None APPROVED: Mark Ebner, Chair ATTEST: Ciddy Wordell, Acting Secretary