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Use Permit - Med Ofc - Unit 6 - 2009February 13, 2009 Ms. Susan Chen 20910 Pepper Tree Lane Cupertino, CA 95014 Re: PLN2009-05 - 330 E. Hamilton Avenue, Unit 6 - Use Permit -Medical Office Dear Applicant: Please be advised that at its meeting of February 10, 2009, the Planning Commission Adopted Resolution No. 3929 granting a Conditional Use Permit (PLN2009-05) to allow the establishment of a medical office (Chinese internal medicine clinic) 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, February 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. Sincerer Daniel Fama Assistant Planner cc Tim J. Haley, Acting Principal Planner Ed Arango, Associate Engineer Frank Mills, Senior Building Inspector Chris Veargason, Deputy Fire Marshall, II Two-Forty Associates (Prop Owners), 79 Chestnut Street, Ridgewood, NJ 07450 RESOLUTION NO. 3929 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING A CONDITIONAL USE PERMIT (PLN2009-05) TO ALLOW THE ESTABLISHMENT OF A MEDICAL OFFICE USE (CHINESE INTERNAL MEDICINE CLINIC), IN AN EXISTING BUILDING ON PROPERTY OWNED BY TWO- FORTY ASSOCIATES LOCATED AT 330 E. HAMILTON AVENUE, SUITE 6, IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF MS. SUSAN CHEN. FILE NO.: PLN2009-05. 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 PLN2009-05. 1. At its regular meeting of April 26, 2005, the Planning Commission adopted Resolutions No. 3645 and 3646, approving a Mitigated Negative Declaration and Conditional Use Permit (PLN2004-152) /Site & Architectural Review Permit (PLN2004-151) for the construction of a new multi-tenant retail building on property located at 330 E. Hamilton Avenue. 2. The proposed medical use (Chinese internal medicine clinic) is consistent with the General Commercial General Plan land use designation. 3. The proposed medical use will be compatible with the C-2 (General Commercial) zoning designation with approval of a Conditional Use Permit. 4. The project site consists of a 50,965 sq. ft. parcel currently developed with a single story retail building. 5. The project provides 82 parking spaces where a minimum of 59 parking spaces are req~;ired. 6. The subject property is located on the south side of E. Hamilton Avenue between Winchester Blvd. and N. Central Avenue. 7. The proposed project is consistent with other developments and uses in the surrounding area. 8. The hours of operation shall be restricted to 7:00 a.m. to 10:00 p.m., Monday through Sunday, exclusive of the customary and reasonable use of the medical office (non- customer related). Planning Commission Resolution No. 3929 PLN2009-05 - 330 E. Hamilton Avenue, Suite 6 -Use Permit -Medical Office Page 2 9. 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. 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 grant a Conditional Use Permit (PLN2009-05) to allow the establishment of medical office use in an existing Planning Commission Resolution No. 3929 PLN2009-05 - 330 E. Hamilton Avenue, Suite 6 -Use Permit -Medical Office Page 3 building on property owned by Two-Forty Associates located at 330 E. Hamilton Avenue, Suite 6, 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 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 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 8._.,Accepted: i - E-~,...._.~ ..: _ _ `) Dr. Hong, Ju. an Date Susan Chen Date 2. Approved Project: Approval is granted for a Conditional Use Permit (PLN2009-05) to allow the establishment of a medical office use for Chinese internal medicine clinic center in an existing retail building located at 330 E. Hamilton Avenue. The project shall substantially conform to the Project Plans and Operational statement stamped as received by the Community Development Department on January 6, 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. 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. Planning Commission Resolution No. 3929 PLN2009-05 - 330 E. Hamilton Avenue, Suite 6 -Use Permit -Medical Office Page 4 5. 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. 6. Business Hours: The business hours (open to the public) shall be restricted to 8:00 a.m. to 9:00 p.m. Monday through Sunday. 7. Operational Hours: The hours of operation shall be restricted to 7:00 a.m. to 10:00 p.m., Monday through Sunday, exclusive of the customary and reasonable use of the medical office (non-customer related). 8. Property Maintenance: The owner/operator of the subject property shaii maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. 9. 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 approved Master Sign Program. 10. 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. 11. Landscape Maintenance: The owner/operator of the property shall provide on-going maintenance of the existing on-site landscaping. 12. 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. 13. Trash Enclosure: The applicant shall submit a revised site plan showing the storage location of all trash receptacles or showing the location of a trash enclosure to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director. The owner shall construct and maintain the trash enclosure, if necessary, to accommodate all dumpsters and recycling bins on site per City collection standards. 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 surrounding properties. The screening material and method shall be architecturally Planning Commission Resolution No. 3929 PLN2009-05 - 330 E. Hamilton Avenue, Suite 6 -Use Permit -Medical Office Page 5 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 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 Drivewa rLs: 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 11 parking spaces will be provided. Building Division: 18. Permits Required: A building permit application shall be required for the proposed tenant improvements for the (n) massage therapist use in 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 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 Resolution No. 3929 PLN2009-05 - 330 E. Hamilton Avenue, Suite 6 -Use Permit -Medical Office Page 6 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 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. 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 delay:; 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. Required Fire Flow: The fire flow for this project is 1,500 gpm at 20 psi residual pressure. The adjusted fire flow is available from area water mains and fire hydrant(s) which are spaced at the required spacing. 31. Exit Doors: Exit doors and pathways must be properly marked and accessible. 32. Fire Sprinklers: Interior remodel may require modification of the existing fire sprinkler system. A State of California licensed (C-16) Fire protection Contractor shall submit Planning Commission Resolution No. 3929 PLN2009-05 - 330 E. Hamilton Avenue, Suite 6 -Use Permit -Medical Office Page 7 plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. PASSED AND ADOPTED this 10th day of February, 2009, by the following roll call vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Alderete, Alster, Ebner, Gairaud, Gibbons and Rocha None Roseberry None APPROVED: Mark Ebner, Chair ATTEST: Ciddy Wordell, Acting Secretary