Use Permit - Medical - 2009CITY of CAMPBELL
Community Development Department
August 18, 2009
Eric Midiere
Minden Midiere & Ass. Architects
21580 Stevens Creek Blvd., Ste. 209A
Cupertino, CA 95014
Re: Building Permit No: BLD2009-00560
2255 S. Bascom Avenue
Dear Mr. Midiere,
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 of a Conditional Use Permit (PLN2009-91) pursuant
to Resolution No. 3954, the following issues need to be addressed prior to Planning
Division clearance for issuance of a Building Permit:
1. Conditions of Approval: Please have Mr. or Dr. Kokinos sign the acknowledgement
on page 3 of the enclosed resolution and return it to the Planning Division.
2. Construction Plans: Pursuant to Condition of Approval No. 17, the Conditions of
Approval shall be stated in full on the cover sheet of the construction plans
submitted for the building permit. Please insert the Conditions of Approval from the
enclosed resolution into the Building plan-set.
Please note that approval of the aforementioned Conditional Use Permit is not fina15:00
PM August 21, 2009. Therefore, a building permit cannot be issued until after this time.
Building Permit No: BLD2009-00560 ~ 2255 S. Bascom Ave. Page 2 of 2
If you have any questions, please contact me at (408) 866-2193 or by email at
danielf@ci , ofcampbell.com.
Si ly,
~~~~
Daniel Fama
Assistant Planner
Encl: Resolution No. 3954
cc: Michael anal Polyxene Kokinos, 14075 Arnerich Rd., Los Gatos, CA 95032
Frank Mills, Senior Building Inspector
August 13, 2009
Michael & Polyxene Kokinos
14075 Arnerich Road
Los Gatos, CA 95032
Re: PLN2009-91 - 2255 S. Bascom Avenue -Use Permit -Medical Office
Dear Applicant:
Please be advised that at its meeting of August 11, 2009, the Planning Commission adopted
Resolution No. 3954 approving a Conditional Use Permit (PLN2009-91) to allow a medical
use 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, August 21, 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 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.
Singly,
`~`-'~ iz
Daniel Fama
Assistant Planner
cc Paul Kermoyan, Planning Manager
Ed Arango, Associate Engineer
Frank Mills, Senior Building Inspector
Chris Veargason, Deputy Fire Marshall II
Eric Midiere, AIA, 21580 Stevens Creek Blvd., #209A, Cupertino, CA 95014
RESOLUTION NO. 3954
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT (PLN2009-91) TO ALLOW A MEDICAL USE IN AN
EXISTING OFFICE BUILDING ON PROPERTY OWNED BY
MICHAEL AND POLYXENE KOKINOS LOCATED AT 2255 S.
BASCOM AVENUE IN A C-2-S (GENERAL COMMERCIAL)
ZONING DISTRICT. APPLICATION OF MR. ERIC MIDIERE, MMA
ARCHITECTS, ON BEHALF OF SOUTH BAY VASCULAR CENTER
AND VEIN INSTITUTE. FILE NO.: PLN2009-91.
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 PLN2009-91:
1. The proposed medical use 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 17,768 sq. ft. parcel, currently developed with a three
story office building.
4. The project provides 46 parking spaces, where a minimum of 49 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, south 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 8:00 AM to 8:00 PM, Monday through
SuTiday, 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 Resolution No. 3954
PLN2009-91 - 2255 S. Bascom Avenue -Use Permit -Medical Use
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
a~~ul quantity of traffic the use would be expected to generate.
6. The design, location, size, and operating characteristics of the proposed use are
cor,~patible with the existing and future land uses on-site and in the vicinity of the
subject property.
7. T~ re 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.
3. PJo 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. ~-~;sere 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
protect and the type of development project.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use P::rmit ((°LN2009-91) to allow a medical use in an existing office building on property
owned by Michael and Polyxene Kokinos located at 2255 S. Bascom Avenue in a C-2-S
(General Commercial) Zoning District.
Wh~are 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 ail applicable conditions of approval, adopted policies and guidelines, ordinances,
law,} o:nd 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. 3954
PLN2009-91 - 2255 S. Bascom Avenue -Use Permit -Medical 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 business owner 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:
South Bay Vascu r Center and Vein Institute
2. Approved Project: Approval is granted for a Conditional Use Permit (PLN2009-91) to
allow a change of use from professional office use to medical office use for the South
Bay Vascular Center and Vein Institute in an existing office building located at 2255 S.
Bascom Avenue. The project shall substantially conform to the Project Plans stamped
as received by the Community Development Department on June 30, 2009 and
Operational statement stamped as received by the Community Development
Department on July 12, 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.
Cor+strucfiion r~~ot in substantial compliance with the approved project plans shall not be
approved without prior authorization of the necessary approving body.
4. ~;~nditional Use Permit Approval Expiration: The Conditional Use Permit approval shall
Ere 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.
c=allure 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
ar~y standards, codes, or ordinances of the City of Campbell shall be grounds for
~:<ar+sideration of revocation of the Conditional Use Permit by the Planning Commission.
6. Operational Hours: The hours of operation shall be restricted to 8:00 AM to 8:00 PM,
!'vtonday through Sunday, exclusive of the customary and reasonable use of the medical
~a~i~ice (r+on-customer related).
7. roperty 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 Resolution No. 3954
PL~J2009-91 - 2255 S. Bascom Avenue -Use Permit -Medical Use
Page 4
8. signage: No signage is approved as part of the development application approved
herein. All signage shall be installed and maintained consistent with the provision of
the Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code.
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. " ar~dscape Maintenance: The owner/operator of the property shall provide on-going
maintenance of the existing on-site landscaping.
11. ~Tras~~ Enclosure: The owner shall maintain the trash enclosure to accommodate all
~iumpsters and recycling bins on site per City collection standards.
12. i`~:;ise:
a. PJoise 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.
L~. _N:~ise Management: In the event complaints are received by the City regarding
noi~~e, 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.
13. Tra~h_~?~ Clean lam: 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 AM
an~a 8:00 PM daily.
14. Parking and Driveways: All parking and driveway areas shall be maintained in
comy~liance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell
Murtiicipal Code.
15. ~~,:;4 »truction Activities: The applicant shall abide by the following requirements during
construction:
a. Ctinstruction activities shall be limited to weekdays between 8:00 a.m. and 5:00
~~.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.
a. T~ra~;k routES to and from the construction site should be established and submitted
to tt~e City for review and approval prior to issuance of a building permit. These
(ruck routes shall avoid access to the project site via residential streets where
1~;~,ssible.
Planning Commission Resolution No. 3954
PLN20g9-91 - 2255 S. Bascom Avenue -Use Permit -Medical Use
Page
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-
sen~i~tive receptors such as existing residences and businesses.
f. Prior to the issuance of building permits, the project site shall be posted with the
name dr~d contact number of the lead contractor and construction hours in a location
~~sible 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. '~,Nater or cover stockpiles of debris, soil, and other materials that can be blown by
~d:l-~a 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. SvvF~ep 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
~~~jaceni public streets, as directed by the City Engineer.
m. Enclose, cover, water twice daily or, or apply (non-toxic) soil stabilizers to exposed
:~toekpiles (dirt, sand, etc.).
Building C~ivision:
16. Per~nit~, F~ec~uired: A building permit application shall be required for the proposed
medica! 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.
17. Construction Plans: The conditions of Approval shall be stated in full on the cover
sl~ee~t of construction plans submitted for building permit.
18. Size of Plans: The size of construction plans submitted for building permits shall be 24
inc-~:s 'oy 3~ inches.
Planning Commission Resolution No. 3954
PLN2009-91 - 2255 S. Bascom Avenue -Use Permit -Medical Use
Page 6
19. Flan 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.
20. Site Plan: Application for building permit shall include a competent site plan that
identifies property and proposed structures with dimensions and elevations as
appropriate. Site plan shall also include site drainage details. Site address and parcel
riurrjbers shall also be clearly called out. Site parking and path of travel to public
sidewalks shall be detailed.
21. rifle 24 Energy Compliance: California Title 24 Energy Standards Compliance forms
shad b~ blue-lined on the construction plans. Compliance with the Standards shall be
demo~~strated for conditioning of the building envelope and lighting of the building
22. Special inspections: When a special inspection is required by C.B.C. Chapter 17, the
archi~~ect or engineer of record shall prepare an inspection program that shall be
sub;~~ifited to the Euilding 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
Carr~~pbeil, Special Inspection forms from the Building Inspection Division Counter.
23. N:~f~"~?oint Sa;~rce: The City of Campbell, standard Santa Clara Valley Non-point
:,o«rcz Pollution Control Program specification sheet shall be part of plan submittal.
t~r~e specification sheet (size 24" X 36") is available at the Building Division service
counter.
24. ~~itle ,~4 Accessibili~ -Commercial: On site general path of travel shall comply with the
i.~~ast ~.alifornia l~itle 24 Accessibility Standards. Work shall include but not be limited
'to accessibility to building entrances from parking facilities and sidewalks.
25. title 24 Accessibility Commercial: Projects seeking to use the Title 24 Hardship
~~xe~~T,ption clause shall blue-line completed, City of Campbell "20%" exemption form on
sut.~rritted construction plans. Form is available at Building Division service counter.
26. ~r_o~als Required: The project requires the following agency approval prior to
issr~ance of the building permit:
,~. `,west `Valley Sanitation District
i~~. :~ania Clara County Fire Department
Planning Commission Resolution No. 3954
PLN2009-91 - 2255 S. Bascom Avenue -Use Permit -Medical Use
Page 7
27. PG&E: Applicant is advised to contact Pacific Gas and Electric Company as early as
possible in the approval process. Service installations, changes, and/or relocations may
require substantial scheduling time and can cause significant delays in the approval
process. Applicant should also consult with P. G. & E. concerning utility easements,
distribution pole locations and required conductor clearances.
PASSED AND ADOPTED this 11th day of August, 2009, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST:
Alderete, Ebner, Gairaud, Gibbons and Roseberry
None
Alster and Rocha
None
APPROVED:
Paul Kermc(y~n, Secretary