Use Permit - Medical Use - 2008y i.
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CITY OF CAMI'BEI,I,
Communir~~ Development Depar~menr
Apri12, 2009
Berry-Rindle Architects
810 Baxter Avenue
Louisville, KY 40204
Re: Building Permit No: BLD2009-00144
2165 S. Bascom Avenue
Dear Applicant:
The Planning Division has reviewed your Building Division submittal for tenant improvements to an
existing commercial building. Based upon this review and the Planning Commission's approval via the
Resolution No. 3919 the following issues still need to be addressed prior to a clearance from the Planning
Division for the issuance of a Building Permits:
1. 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. Please provide a section of the parapet in relationship to the new mechanical equipment
to demonstrate that it will be screened.
2. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit. Please provide the conditions of approval on the
building department submittal. A copy of the adopted resolution is enclosed.
If you have any questions, please contact me at (408) 866-2144 or by email at timh@cityofcampbell.com.
Since ,
~~t
Tim J. Haley
Acting Principal Planner
Encl: Resolution No. 3919
cc: The Messinger 1996 Revocable Trust, 2165 S. Bascom Avenue, Campbell, CA 95008
Urological Surgeons, 111 N. Market Street, Suite 300, San Jose, CA 95113
Frank Mills, Senior Building Inspector
?[~ Norrh f~irs~ Srree[ Campbell. California 9008-1 4? i Tr ~ ~08.86G? 1 4(i t:~'~ 4O°.~i, i.5 140 ~ ~ri~n 't0~~ R(,n??9~
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CITY of CAMPBELL
Community Development Department
December 10, 2008
Mr. Bruce McFadyen
109 Silverado Circle
Roseville, CA 95678
Re: PLN2008-168 - 2165 S. Bascom Avenue -Use Permit -Medical Use
Dear Applicant:
Please be advised that at its meeting of December 9, 2008, the Planning Commission
Adopted Resolution No. 3919 approving a Conditional Use Permit (PLN2008-168) to allow the
establishment of a new medical center, Urological Surgeons of Northern California, in 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 19, 2008. 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.
Sincer ,
~ .~- ~~-
Tim J. Haley
Acting Principal Planner
cc Ed Arango, Associate Engineer
Frank Mills, Building Division
Chris Veargason, Fire
The Messinger 1996 Revocable Trust, 2165 S. Bascom Ave, Campbell, CA 95008
70 Norrh First Stteet Campbell, California 95008-1423 Ter. 408.8(6.2140 rnx 408.871.E 140 ~rnn 408.866.2?9U
RESOLUTION N0.3919
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING APPROVAL OF A CONDITIONAL
USE PERMIT (PLN2008-168) TO ALLOW THE ESTABLISHMENT OF A
NEW MEDICAL CENTER, UROLOGICAL SURGEONS OF NORTHERN
CALIFORNIA, IN AN EXISTING OFFICE BUILDING ON PROPERTY
OWNED BY THE MESSINGER 1996 REVOCABLE TRUST LOCATED
AT 2165 S. BASCOM AVENUE IN A C-2-S (GENERAL COMMERCIAL)
ZONING DISTRICT. APPLICATION OF MR. BRUCE McFADYEN.
FILE NO.: PLN2008-168.
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 PLN2008-168.
1. The proposed medical use (urology/oncology center) is consistent with the General
Commercial General Plan land use designation.
2. The proposed medical use will be compatible with the C-2 (General Office) zoning
designation with approval of a Conditional Use Permit.
3. The project site consists of a 33,831 sq. ft. parcel, currently developed with a single
story office building.
4. The project provides 43 parking spaces, where a minimum of 47 parking spaces are
required. The Planning Commission finds that a parking adjustment is warranted due to
the specialized nature of the medical use.
5. The subject property is located on the west side of S. Bascom Avenue, north of its
intersection with Apricot Avenue.
6. The proposed project is consistent with other developments and uses in the
surrounding area.
7. The hours of operation shall be restricted to 7:00 a.m. to 7:00 p.m., Monday through
Saturday, exclusive of the customary and reasonable use of the ~ medical office (non-
customer related).
8. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 of
the California Environmental Quality Act (CEQA), pertaining to minor alterations to
existing structures.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
Planning Commission Reso._.ion No. 3919
PLN2008-168 - 2165 S. Bascom Avenue -Use Permit -New Medical Center
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 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 approval of a
Conditional Use Permit (PLN2008-168) to allow the establishment of a new medical
center, Urological Surgeons of Northern California, in an existing office building on
property owned by The Messinger 1996 Revocable Trust located at 2165 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,
Planning Commission Reso~..,on No. 3919
PLN2008-168 - 2165 S. Bascom Avenue -Use Permit -New Medical Center
Page 3
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.
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.
2. Approved Project: Approval is granted for a Conditional Use Permit (PLN2008-168) to
allow a change of use from professional office use to medical office use for
urology/oncology center in an existing office building located at 2165 S. Bascom
Avenue. The project shall substantially conform to the Project Plans and Operational
statement stamped as received by the Community Development Department on
October 30, 2008, 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 two years from the date of final approval. Within this two-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.
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. Operational Hours: The hours of operation shall be restricted to 7:00 a.m. to 7:00 p.m.,
Monday through Saturday, exclusive of the customary and reasonable use of the
medical office (non-customer related).
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.
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.
Planning Commission Reso~__.,on No. 3919
PLN2008-168 - 2165 S. Bascom Avenue -Use Permit -New Medical Center
Page 4
9. 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.
10. Landscape Maintenance: The owner/operator of the property shall provide on-going
maintenance of the existing on-site landscaping.
11. 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.
12. Trash Enclosure: The owner shall construct and maintain the trash enclosure, if
necessary, to accommodate all dumpsters and recycling bins on site per City collection
standards.
13. Location of Mechanical Eauipment: 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.
14. 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.
15. 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.
16. 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.
Planning Commission Resolu.,on No. 3919
PLN2008-168 - 2165 S. Bascom Avenue -Use Permit -New Medical Center
Page 5
17. Construction Activities: The applicant shall abide by the following requirements during
construction:
a. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00
p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take
place on Sundays or holidays unless an exception is granted by the Building
Official.
b. Truck routes to and from the construction site should be established and submitted
to the City for review and approval prior to issuance of a building permit. These
truck routes shall avoid access to the project site via residential streets where
possible.
c. All construction equipment with internal combustion engines used on the project site
shall be properly muffled and maintained in good working condition.
d. Unnecessary idling of internal combustion engines shall be strictly prohibited
e. All stationary noise-generating construction equipment, such as air compressors
and portable power generators, shall be located as far as possible from noise-
sensitive receptors such as existing residences and businesses.
f. Prior to the issuance of building permits, the project site shall be posted with the
name and contact number of the lead contractor and construction hours in a
location visible from the public street so that the contractor can be made aware of
noise complaints.
g. Construction equipment, vehicles, and workers associated with the development of
the project shall not be permitted to park on any residential streets.
h. Use dust-proof chutes for loading construction debris onto trucks.
i. Water or cover stockpiles of debris, soil, and other materials that can be blown by
the wind.
j. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to
maintain at least two feet of freeboard.
k. Sweep daily (with water sweepers) all paved access roads, parking areas, and
staging areas at the construction site.
I. Sweep streets daily (with water sweepers) if visible soil material is carried onto
adjacent public streets, as directed by the City Engineer.
m. Enclose, cover, water twice daily or, or apply (non-toxic) soil stabilizers to exposed
stockpiles (dirt, sand, etc.).
Building Division:
18. Permits Required: A building permit application shall be required for the proposed
change in use from general commercial to new medical office use. 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.
Planning Commission Resoi. ~n No. 3919
PLN2008-168 - 2165 S. Bascom Avenue -Use Permit -New Medical Center
Page 6
20. Size of Plans: The size of construction plans submitted for building permits shall be 24
inches by 36 inches.
2]. 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.
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 delays in the
Planning Commission Resoi,..on No. 3919
PLN2008-168 - 2165 S. Bascom Avenue -Use Permit -New Medical Center
Page 7
approval process. Applicant should also consult with P. G. & E. concerning utility
easements, distribution pole locations and required conductor clearances.
Fire Department:
30. Hazardous Material: Plans indicate that this is an interior remodel only, and no
additional square footage or change to the building footprint is proposed. NOTE: this
applicant is advised to contact this office (County Fire Department) to discuss the use
and disposal of any Hazardous Materials.
Pubtic Works Department:
31. 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 various fees and deposits, post security and provide
insurance necessary to obtain an encroachment permit for construction of the standard
public. street improvements, as required by the City Engineer. The plans shall include
the following, unless otherwise approved by the City Engineer:
a. Show location of all existing utilities within the new and existing public right of way.
b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of
sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area.
c. Removal of existing driveway approach and necessary sidewalk, curb and gutter.
d. Remove and replace existing uplifted and damaged sidewalk.
e. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway
approach.
f. Construction of conforms to existing public and private improvements, as
necessary.
32. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the
Campbell Municipal Code for any new or remodeled buildings or additions. Applicant
shall comply with aU plan submittals, permitting, and fee requirements of the serving
utility companies.
33. Water Meter(s) and Sewer Cleanoutls): Existing and proposed water meter(s) and
sewer cleanout(s) shall be relocated or installed on private property behind the public
right-of-way line.
34. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant
shall submit a utility coordination plan and schedule for approval by the City Engineer
for installation and/or abandonment of all utilities. The plan shall clearly show the
location and size of all existing utilities and the associated main lines; indicate which
utilities and services are to remain; which utilities and services are to be abandoned,
and where new utilities and services will be installed. Joint trenches for new utilities
shall be used whenever possible.
Planning Commission Resolu.,~n No. 3919
PLN2008-168 - 2165 S. Bascom Avenue -Use Permit -New Medical Center
Page 8
35. Pavement Restoration: Based on the utility coordination plan, the applicant shall
prepare a pavement restoration plan for approval by the City Engineer prior to any
utility installation or abandonment. Streets that have been reconstructed or overlaid
within the previous five years will require boring and jacking for all new utility
installations. Bascom Avenue has not been reconstructed or overlaid in the last 5
years. The pavement restoration plan shall indicate how the street pavement shall be
restored following the installation or abandonment of all utilities necessary for the
project.
36. Utility Encroachment Permit: Separate permits for the installation of utilities to serve the
development will be required (including water, sewer, gas, electric, etc.). Applicant
shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas,
water, electric and all other utility work.
37. Additional Street Improvements: Should it be discovered after the approval process
that new utility main lines, extra utility work or other work is required to service the
development, and should those facilities or other work affect any public improvements,
the City may add conditions to the development/project/permit, at the discretion of the
City Engineer, to restore pavement or other public improvements to the satisfaction of
the City.
38. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or
building permits, the applicant shall comply with the National Pollution Discharge
Elimination System (NPDES) permit requirements, Santa Clara Valley Water District
requirements, and the Campbell Municipal Code regarding stormwater pollution
prevention. The primary objectives are to improve the quality and reduce the quantity
of stormwater runoff to the bay.
Resources to achieve these objectives include Stormwater Best Management
Practices Handbook for New Development and Redevelopment ("CA BMP Handbook"}
by the California Stormwater Quality Association (CASQA), 2003; Start at the Source:
A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by
the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and
Using Site Design Techniques to Meet Development Standards for Stormwater Qualify:
A Companion Document to Start at the Source ("Using Site Design Techniques") by
BASMAA, 2003.
39.Occupancy and Building Permit Final: Prior to allowing occupancy and/or final building
permit signoff for any and/or all buildings, the applicant shall have the required street
improvements installed and accepted by the City, and the design engineer shall submit
as-built drawings to the City.
40. Plan Lines: Prior to issuance of any grading or building permits for the site, the
applicant shall provide a plan layout showing the correct location and north arrow of the
site on the vicinity map, and other relevant information in the public right of way.
Planning Commission Resoi, ~n No. 3919
PLN2008-168 - 2165 S. Bascom Avenue -Use Permit -New Medical Center
Page 9
PASSED AND ADOPTED this 9th day of December, by the following roll call vote:
AYES: Commissioners: Alderete, Ebner, Gairaud, Rocha and Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: Gibbons
ABSTAIN: Commissioners: None
APPROVED: <C-~'~~ ~C'
Bob Roseberry, Ch r
ATTEST: r^--
Tim J. Hal Acting Secretary
Attachment #2
Page 7 of 7
40. Plan Lines: Prior to issuance of any grading or building permits for the site, the applicant
shall provide a plan layout showing the correct location and north arrow of the site on the
vicinity map, and other relevant information in the public right of way.
Ackno dged & Acc pte
~Z~~ ~~
ce McFadyen Date
ITEM NO.1
OF • cA,yA
u~. e~
0 o CITY OF CAMPBELL • PLANNING COMMISSION
A ].
sf ~~ Staff Report • December 9, 2008
•~RCHAR~•
PLN2008-168 Public Hearing to consider the application of Mr. Bruce McFadyen for a
McFadyen,B. Conditional Use Permit (PLN2008-168) to allow the establishment of
medical office use (urology/oncology center), in an existing building on
property owned by the Messinger 1996 Rev Trust located at 2165 S. Bascom
Avenue in the C-2-S (General Commercial) 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 (PLN2008-168) to allow establishment of a medical use (urology/oncology center),
subject to the attached Conditions of Approval.
ENVIRONMENTAL DETERMINATION
Staff recommends that the Community Development Director 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:
.37 acres
.27 acres
40,693 square feet
33,831 square feet
Existing Site Utilization:
Building Coverage:
Paving Coverage:
Landscaping Coverage:
Floor Area Ratio (FAR):
Parking Required:
9,410 sq. ft. 27.8%
19,690 sq. ft. 58.2%
4,750 sq. ft. 14%
28 FAR
1 Parking Space for each 200 square feet of gross floor area
_ (47 Parking Spaces)
Parking Provided: 43 Parking Spaces
Surrounding Uses: North: Multi-tenant Office -General Commercial
South: Animal Hospital -General Commercial
East: RetaiUOffice- General Commercial
West: Multi-family Residential - R-3-S
Hours of Operation: 7AM to 7PM, daily
Staff Report -Planning Commission Meeting of December 9, 2008 Page 2
PLN2008-168 - 2165 S. Bascom Avenue -Use Permit
DISCUSSION
Annlicant's Proposal: The applicant is requesting approval of a Conditional Use Permit to allow
the establishment of medical use, aurology/oncology center, in an existing office building
located at 2165 S. Bascom Avenue. There would be no expansion of the building and only
limited exterior changes (reference Attachment 3 -Development Plans).
Project Location: The subject property is located on the west side of S. Bascom Avenue, two
parcels north of Apricot Avenue (reference Attachment 6 -Location Map).
Operational Description: The proposed urology/oncology center would consolidate
urology/oncology services of the Urological Surgeons of Northern California (IJSNC) in one
central location. Most oncologists associated with the USNC would maintain practices in
existing locations throughout the region, but would utilize the proposed establishment's
consolidated and specialized services. The submitted operational description (reference
Attachment 4) indicates that the proposed use would be composed of five major components:
laboratory services, administrative offices, CT suite, urology offices, and radiation therapy.
The operational statement also indicates that the establishment would employee approximately
20 full time employees. Proposed hours of operation are 7 AM to 7 PM, daily.
ANALYSIS
General Plan Desi ation: The General Plan land use designation for the project site is General
Office. The proposed medical use is consistent with this land use designation.
Zoning Desi ation: The zoning designation for the project site is C-2 (General Commercial).
The C-2 Zoning District allows a medical use with the approval of a Conditional Use Permit.
The proposed project would be consistent with the Zoning Ordinance with approval of a
Conditional Use Permit.
Parkins: Pursuant to the Campbell Parking and Loading Ordinance, one parking space per 200
sq. ft. of gross floor area is required for a medical use. The existing building is 9,410 square feet,
requiring 47 parking spaces. The site has 43 existing spaces, yielding a parking deficiency of
four spaces. The Planning Commission may allow an adjustment to the required number of
parking spaces if it finds that adequate parking, circulation, and access are provided for the site.
Staff believes that the treatment services provided by the proposed medical establishment would
not incur a parking demand incommensurate with the site's parking capacity. The specialized
nature of this medical facility requires treatment, lab and scanning rooms that occupy significant
square footages of the proposed medical center.
Architecture: The proposed project would be located in an existing office building. Only minor
exterior modifications (addition of new windows and doors) are proposed.
Landscaping: The existing landscaping occupies approximately 14 percent of the project site.
Landscape areas include planting areas buffers of 5 to 12 foot around the perimeter of the site.
Staff Report -Planning Commission Meeting of December 9, 2008 Page 3
PLN2008-168 - 2165 S. Bascom Avenue -Use Permit
Signag_e: There is no signage proposal included with this Conditional Use Permit application.
Any future signage proposal shall comply with the City of Campbell Sign Ordinance standards
for office uses.
Site and Architectural Review Committee: Due to the minor exterior changes, this application
was not reviewed by SARC.
Attachments:
1. Findings for Approval of File No. PLN2008-168
2. Conditions of Approval for File No. PLN2008-168
3. Project Plans dated October 30, 2008
4. Operational Description
5. Photographs of Site
6. Location Map
Prepared by: N-~--
v
Tim Haley, Senior Planner
Approved by: •
Jackie C. Yo g, Actin ommunity Development Director
Attachment # 1
FINDINGS FOR APPROVAL OF FILE NO. PLN2008-168
SITE ADDRESS: 2165 S. Bascom Avenue
APPLICANT: Bruce McFadyen
P.C. MEETING: December 9, 2008
Findings for Avproval of a Conditional Use Permit to allow the establishment of a medical use
(urology/oncology center) on property located at 2165 S. Bascom Avenue.
The Planning Commission finds as follows with regard to file number PLN2008-168:
1. The proposed medical use (urology/oncology center) is consistent with the General
Commercial General Plan land use designation.
2. The proposed medical use will be compatible with the C-2 (General Office) zoning
designation with approval of a Conditional Use Permit.
3. The project site consists of a 33,831 sq. ft. parcel, currently developed with a single story
office building.
4. The project provides 43 parking spaces, where a minimum of 47 parking spaces are required.
The Planning Commission finds that a parking adjustment is warranted due to the specialized
nature of the medical use.
5. The subject property is located on the west side of S. Bascom Avenue, north of its intersection
with Apricot Avenue.
6. The proposed project is consistent with other developments and uses in the surrounding area.
7. The hours of operation shall be restricted to 7:00 a.m. to 7:00 p.m., Monday through Saturday,
exclusive of the customary and reasonable use of the medical office (non-customer related).
8. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 of the
California Environmental Quality Act (CEQA), pertaining to minor alterations to existing
structures.
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.
Attachment # 1
Page 2 of 2
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.
Attachment #2
Page 1 of 5
CONDITIONS OF APPROVAL FOR FILE NO. PLN2008-168
SITE ADDRESS: 2165 S. Bascom Avenue
APPLICANT: Bruce McFadyen
P.C. MEETING: December 9, 2008
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:
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.
2. Approved Project: Approval is granted for a Conditional Use Permit (PLN2008-168) to allow
a change of use from professional office use to medical office use for urology/oncology center
in an existing office building located at 2165 S. Bascom Avenue. The project shall
substantially conform to the Project Plans and Operational statement stamped as received by
the Community Development Department on October 30, 2008, 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 two years from the date of final approval. Within this two-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.
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. Operational Hours: The hours of operation shall be restricted to 7:00 a.m. to 7:00 p.m.,
Monday through Saturday, exclusive of the customary and reasonable use of the medical office
(non-customer related).
Attachment #2
Page 2 of 7
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.
8. Si rg_iage: 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. 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.
10. Landscape Maintenance: The owner/operator of the property shall provide on-going
maintenance of the existing on-site landscaping.
ll. On-Site Li ting: 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.
12. Trash Enclosure: The owner shall construct and maintain the trash enclosure, if necessary, to
accommodate all dumpsters and recycling bins on site per City collection standards.
13. 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.
14. 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 Mana eg ment: 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.
15. 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.
Attachment #2
Page 3 of 7
16. Parking and Driveway: All parking and driveway areas shall be maintained in compliance
with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code.
17. Construction Activities: The applicant shall abide by the following requirements during
construction:
a. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and
Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or
holidays unless an exception is granted by the Building Official.
b. Truck routes to and from the construction site should be established and submitted to the
City for review and approval prior to issuance of a building permit. These truck routes
shall avoid access to the project site via residential streets where possible.
c. All construction equipment with internal combustion engines used on the project site shall
be properly muffled and maintained in good working condition.
d. Unnecessary idling of internal combustion engines shall be strictly prohibited
e. All stationary noise-generating construction equipment, such as air compressors and
portable power generators, shall be located as far as possible from noise-sensitive receptors
such as existing residences and businesses.
f. Prior to the issuance of building permits, the project site shall be posted with the name and
contact number of the lead contractor and construction hours in a location visible from the
public street so that the contractor can be made aware of noise complaints.
g. Construction equipment, vehicles, and workers associated with the development of the
project shall not be permitted to park on any residential streets.
h. Use dust-proof chutes for loading construction debris onto trucks.
i. Water or cover stockpiles of debris, soil, and other materials that can be blown by the
wind.
j. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to
maintain at least two feet of freeboard.
k. Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas
at the construction site.
1. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent
public streets, as directed by the City Engineer.
m. Enclose, cover, water twice daily or, or apply (non-toxic) soil stabilizers to exposed
stockpiles (dirt, sand, etc.).
Attachment #2
Page 4 of 7
Building Division:
18. Permits Required: A building permit application shall be required for the proposed change in
use from general commercial to new medical office use. The building permit shall include
ElectricaUPlumbing/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.
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. ~ecial 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
Attachment #2
Page 5 of 7
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.
Fire Department:
30. Hazardous Material: Plans indicate that this is an interior remodel only, and no additional
square footage or change to the building footprint is proposed. NOTE: this applicant is advised
to contact this office (County Fire Department) to discuss the use and disposal of any
Hazardous Materials.
Public Works Department:
31. 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 various fees and deposits, post security and provide insurance necessary
to obtain an encroachment permit for construction of the standard public street
improvements, as required by the City Engineer. The plans shall include the following,
unless otherwise approved by the City Engineer:
a. Show location of all existing utilities within the new and existing public right of
way.
b. Relocation of all existing utilities including utility boxes, covers, poles, etc.
outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the
sidewalk area.
c. Removal of existing driveway approach and necessary sidewalk, curb and
gutter.
d. Remove and replace existing uplifted and damaged sidewalk.
e. Installation of City standard curb, gutter, sidewalk and ADA compliant
driveway approach.
f. Construction of conforms to existing public and private improvements, as
necessary.
32. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 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.
33. Water MeterL) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer
cleanout(s) shall be relocated or installed on private property behind the public right-of-
way line.
Attachment #2
Page 6 of 7
34. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant
shall submit a utility coordination plan and schedule for approval by the City Engineer for
installation and/or abandonment of all utilities. The plan shall clearly show the location and
size of all existing utilities and the associated main lines; indicate which utilities and
services are to remain; which utilities and services are to be abandoned, and where new
utilities and services will be installed. Joint trenches for new utilities shall be used
whenever possible.
35. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a
pavement restoration plan for approval by the City Engineer prior to any utility installation
or abandonment. Streets that have been reconstructed or overlaid within the previous five
years will require boring and jacking for all new utility installations. Bascom Avenue has
not been reconstructed or overlaid in the last 5 years. The pavement restoration plan shall
indicate how the street pavement shall be restored following the installation or
abandonment of all utilities necessary for the project.
36. Utility Encroachment Permit: Separate permits for the installation of utilities to serve the
development will be required (including water, sewer, gas, electric, etc.). Applicant shall
apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water,
electric and all other utility work.
37. Additional Street Improvements: Should it be discovered after the approval process that
new utility main lines, extra utility work or other work is required to service the
development, and should those facilities or other work affect any public improvements, the
City may add conditions to the development/project/permit, at the discretion of the City
Engineer, to restore pavement or other public improvements to the satisfaction of the City.
38. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permit requirements, Santa Clara Valley Water District requirements,
and the Campbell Municipal Code regarding Stormwater pollution prevention. The
primary objectives are to improve the quality and reduce the quantity of stormwater runoff
to the bay.
Resources to achieve these objectives include Stormwater Best Management Practices
Handbook for New Development and Redevelopment ("CA BMP Handbook") by the
California Stormwater Quality Association (CASQA), 2003; Start at the Source: A
Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the
Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using
Site Design Techniques to Meet Development Standards for Stormwater Quality: A
Companion Document to Start at the Source ("Using Site Design Techniques") by
BASMAA, 2003.
39. Occupancy and Building Permit Final: Prior to allowing occupancy and/or final building
permit signoff for any and/or all buildings, the applicant shall have the required street
improvements installed and accepted by the City, and the design engineer shall submit as-
built drawings to the City.
Attachment #2
Page 7 of 7
40. Plan Lines: Prior to issuance of any grading or building permits for the site, the applicant
shall provide a plan layout showing the correct location and north arrow of the site on the
vicinity map, and other relevant information in the public right of way.
Acknowledged & Accepted:
Bruce McFadyen Date
Attachment 4
Describe the requested project it ~ detail and give reasons why the permit ~~ lould be grantea. Intormatlon
should include the nature of the use, type of operation, potential traffic generation, potential noise
generation, hours of operation, and number of employees.
Urological Surgeons of Northern California
A number of prominent urologists have come together in Santa Clara County, CA to integrate their
practices to form a center of excellence for the treatment of prostate cancer. This new physician entity,
Urological Surgeons of Northern California, Inc. targets early 2009 as its date for commencement of
operations. USNC seeks to place the prostate cancer center of excellence and its corporate base of
operations in Campbell, CA.
The new practice will, for the most part, continue to practice in the existing locations. One urologist
currently in San Jose will move his practice to 2165 South Bascom. Approximately 2,000 square feet of
the 9,400 square feet will be used for the urology practice. About 1,000 square feet will be used to
integrate a laboratory into the services offered by USNC. Another 1,000 square feet will be used to
house billing and administrative personnel for USNC. Approximately 4,000 square feet will accommodate
a new Radiation Therapy Center to treat USNC's prostate cancer patients. Finally, approximately 1,000
square feet will house a CT suite to provide the patient simulation scans required for the development of
the Radiation treatment plans associated with the Radiation Therapy Center.
The integration of the professional practice, the lab, the CT services, and the Radiation Therapy
services within a Prostate Center of Excellence enables USNC to offer a more complete continuum of
care for its patients. This means an improved standard of care for USNC's patients both in terms of
convenience and quality of care.
AKSM/Oncology (AKSM/O) will oversee the development of the new IMRT Center from start to finish.
AKSM/O will coordinate the work to build the vault and the rest of the center space, which will include a
CT suite. In addition, AKSM/O will coordinate the installation and calibration of specialized IMRT
Equipment. AKSM/O will also handle the work of making the center operational and will manage the
center and provide specialized technical services on an ongoing basis.
AKSM/O has provided technical services and consulting to more than 60 hospital radiation oncology
departments and freestanding radiation therapy centers and has managed the development of four
"Prostate IMRT Centers of Excellence" from the ground up.
A recent American Urological Association listing of Urologists in the Metropolitan Statistical Area of San
Jose-Sunnyvale-Santa Clara indicated that there are about 63 urologists within USNC's general Market
Area, including 15 at Stanford University (see Table 1). It appears that there is not a practicing Urologist
in Campbell, CA. Moving one of the USNC Urologists to 2165 South Bascom will bring world-class
Urological services to Campbell, CA.
~~~~~~~~
0 C ~ 3 0 2008
CITY 01= Cp,#~PBELL
PLANNING DEPT.
This information is confidential and intended solely for the use of the individual or entity to whom it is addressed. This document is not to be
reproduced or shared without express written consent of AKSM/Oncology, Inc. For further information, contact AKSM/Oncology at 877-
767-5024 ext. 8997.
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