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Admin PD Permit - 2009November 16, 2009 Nicholas & Chi Hyon Tornow 1493 Kingman Avenue San Jose, CA 95128 Re: Administrative Planned Development Permit File No: PLN2009-125 51 E. Campbell Ave., Ste. 160i Dear Mr. and Mrs. Tornow, On November 11, 2009, The Community Development Director has conditionally approved your Administrative Planned Development Permit to allow the establishment of an acupuncture and herbal therapy medical office use within an existing office building on property located at the above referenced address. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5:00 p.m. on November 23, 2009. Please note that pursuant to Planning Division Condition of Approval No. 1, a signed copy of the attached Conditions of Approval must be returned to the Planning Division prior to clearance of any business license. This document may be returned electronically, by mail, or in person. Also note, a copy of the staff report for this application is included for your reference. If you should have any questions regarding this approval, please do not hesitate to contact me at (408) 866-2142 or by email at stevep@cityofcampbell.com. Sincerely, Steve Prosser Associate Planner encl: Conditions of Approval for File No. PLN2009-125 Staff Report for File No. PLN2009-125 cc: Kirk Heinrichs, Community Development Director Paul Kermoyan, Principal Planner Heritage Village Offices, 51 E. Campbell Ave., Campbell, CA 95008 CONDITIONS OF APPROVAL FOR FILE NO. PLN2009-125 SITE ADDRESS: 51 E. Campbell Avenue, Suite 160i APPLICANT: Ms. Chi Hyon Tornow & Mr. Nicholas Tornow DATE: November 11, 2009 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: COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 1. Declaration of Acceptance of All Conditions: Within thirty (30) days of Community Development Director Approval, the applicant and all parties in interest shall sign one (1) copy of the final, approved set of Conditions of Approval. Until said Conditions are signed, the approved Administrative Planned Development Permit shall not be valid for any permits sought from the City. Acknowledged & Accepted: Chi Hyon To w Date `~ ~~ 7 (8 ~ Nicholas Tornow Date 2. Approved Project: Approval is granted for an Administrative Planned Development Permit (PLN2009-125) for a change in use to a medical office (acupuncture and herbal therapy) located at 51 E. Campbell Avenue, Suite 160i. The project shall substantially conform to the office and suite site plan and operation statement dated as received by the Planning Division on September 24, 2009, except as may be modified by the conditions of approval contained herein. 3. Restrictions of Use: In conformance with the Operational Description described above, the Administrative Planned Development Permit approved herein shall not permit the construction of multiple medical examination rooms. Conditions of Approval - PLN2009-53 Pg. 2 4. Business License Required: The use approved herein shall not be established until issuance of a Business License has been granted. 5. Transferability: Prior to issuance of a new business license pursuant to this Administrative Planned Development Permit, any new business owners shall be required to a sign a copy of the final approved set of Conditions of Approval. 6. Administrative Planned Development Permit Approval Expiration: The Administrative Planned Development Permit approval shall be valid for one year from the date of final approval. Within this one-year period, a business license(s) must be obtained and the use established on the property and all conditions of approval fulfilled. Failure to meet this deadline will result in the Administrative Planned Development Permit being void. 7. Revocation of Permit: Operation of the use in violation of the Administrative Planned Development Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Administrative Planned Development Permit by the Community Development Director. 8. Business Hours: The hours of business shall be restricted to Monday through Sunday from 9:30 a.m. to 7:00 p.m. 9. Property Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. 10. 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. ~~ ' ~pMA V 6r ADMINISTRATIVE ACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR yf ~ •~RCFIAgO •` November 11, 2009 PLN2009-125 Application of Ms. Chi Hyon Tornow and Nicholas Tornow, for a change in Tornow, C & N. use from a professional office to a medical office use (acupuncture and herbal therapy) within an existing tenant space on property owned by Heritage Village Offices, located at 51 E. Campbell Avenue, Suite 160i, in the P-D-H (Planned Development -Historic Overlay) Zoning District. STAFF RECOMMENDATION That the Community Development Director take the following action: 1. Approve the Administrative Planned Development Permit, incorporating the attached findings, to allow a new medical office use (acupuncture & herbal therapy), 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 Net Lot Area: Building Floor Area: Proposed Office Space: Parking Provided: Parking Required: Business Hours: 158,123 square feet (3.6 acres) 43,023 square feet 110 square feet 188 shared spaces / 1:225 sq. ft. (approximate) 55 (rounded to 1) space @ 1:200 square feet 9:30 a.m. - 7:00 p.m. Monday -Sunday DISCUSSION Applicant's Proposal: The applicant is requesting approval of an Administrative Planned Development Permit for a change of use from professional office to medical office to allow an existing 110 square foot tenant space to be utilized for acupuncture and alternative healing treatments. No expansion of the existing building or other exterior changes is proposed (reference Attachment 4 -Office & Executive Suite Site Map). Project Location: The project site is the Heritage Village Offices Building, located at the northeast corner of E. Campbell Avenue and Winchester Boulevard (reference Attachment 3 - Location Map). The site is adjacent to commercial development to the south and east, multi- family residential to the north, and the Campbell Community Center to the west. Staff Report - Administra~_ ~ Action of November 1 1, 2009 Page 2 PLN2009-125 ~ 51 E. Campbell Avenue _ Professional Services: The applicant is proposing to operate an acupuncture and herbal therapy treatment center and is a licensed acupuncturist, herbalist, and alternative medicine care provider (reference Attachment 4, applicant's operational statement) The proposed hours of operation are from 9:30 a.m. to 7:00 p.m. and are within the time frame considered standard daytime business operation. ANALYSIS General Plan Des nation: The General Plan land use designation for the project site is Professional Office. The proposed medical office use is consistent with this land use designation. Zoning Desi ng_ation: The project site is zoned P-D-H -Planned Development with the Historic Landmark "H" zoning overlay. The subject building is a City of Campbell Landmark property and is therefore designated with the Historic "H" overlay. Although, the Campbell Municipal Code does not specifically list acupuncture clinics as medical clinics, the State of California recognizes acupuncturists and alternative medicine providers and health practitioners with similar operational characteristics as traditional medical uses and therefore the city regulates alternative medicine uses under the medical clinic use requirements. As the existing use of this building is professional office, the establishment of a medical use is considered a change of use, requiring an Administrative Planned Development Permit. With approval of this discretionary permit, the proposed use would be consistent with the P-D-H zoning designation. Parkin :Pursuant to the Campbell Parking and Loading Ordinance, one parking space per every 200 square feet of gross floor area is required for a medical use, yielding a parking requirement of 1 space for the proposed use within the existing office suite. As the pro-rated share of on-site parking for the offices is .48 of a parking space (rounded to 1), the minimum parking requirement is satisfied. Attachments: 1. Findings for Approval of File No. PLN2009-125 2. Conditions of Approval for File No. PLN2009-125 3. Office & Executive Suite Site Map 4. Applicant's Written Statement 5. Location Map _ Prepared by: Steve ProsserrA~sociate Planner Approved by: Community Development Director Attachment # 1 FINDINGS FOR APPROVAL OF FILE NO. PLN2009-125 SITE ADDRESS: 51 E. Campbell Avenue, Suite 1601 APPLICANT: Ms. Chi Hyon Tornow & Mr. Nicholas Tornow DATE: November 11, 2009 Findings for Approval of an Administrative Planned Development Permit for a change in use to a medical use (ac~uncture & herbal therapy) on property located at 51 E. Campbell Avenue Suite 160i. The Community Development Director finds as follows with regard to file number PLN2009-125: 1. The subject property is indicated as P-D-H (Planned Development -Historic Overlay) on the City of Campbell Zoning Map. 2. The subject property is City of Campbell Landmark as indicated by the "H" Historic Zoning Overlay. 3. Office Suite 160i is composed of an individual office space. 4. The project site has 188 shared parking spaces at an approximate ratio of 1 space per 225 square feet. 5. The General Plan designation of the subject property is Professional Office. 6. The P-D-H zoning district is consistent with the General Plan designation of Professional Office. 7. The project site is 3.6 acres and is located at the northeast corner of E. Campbell Avenue and Winchester Boulevard. 8. The site is adjacent to commercial development on the south and east, multi-family residential to the north, and the Campbell Community Center to the west. 9. The subject property is currently developed with amulti-tenant office building. 10. The hours of business shall be restricted to Monday through Sunday from 9:30 a.m. to 7:00 p.m. 11. 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 Community Development Director further finds and concludes that: 1. The project will be consistent with the P-D-H (Planned Development -Historic Overlay) zoning district with approval of an Administrative Planned Development Permit. Attachment # 1 Page 2 of 2 2. The development will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The development will be compatible with the Zoning Code of the City. 4. The proposed development will result in a more desirable environment and use of the land than would be possible under any other zoning classification. 5. The establishment will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 6. The establishment will not significantly disturb the peace and enjoyment of the nearby residential neighborhood. 7. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 8. The parking will adequately meet the demands generated by the change in use, and will not be detrimental to the overall parking and circulation in the area. 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. 11. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. Attachment #2 CONDITIONS OF APPROVAL FOR FILE NO. PLN2009-125 SITE ADDRESS: 51 E. Campbell Avenue, Suite 160i APPLICANT: Ms. Chi Hyon Tornow & Mr. Nicholas Tornow DATE: November 11, 2009 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: COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 1. Declaration of Acceptance of All Conditions: Within thirty (30) days of Community Development Director Approval, the applicant and all parties in interest shall sign one (1) copy of the final, approved set of Conditions of Approval. Until said Conditions are signed, the approved Administrative Planned Development Permit shall not be valid for any permits sought from the City. Acknowledged & Accepted: Chi Hyon Tornow Date Nicholas Tornow Date 2. Approved Project: Approval is granted for an Administrative Planned Development Permit (PLN2009-125) for a change in use to a medical office (acupuncture and herbal therapy) located at 51 E. Campbell Avenue, Suite 1601. The project shall substantially conform to the office and suite site plan and operation statement dated as received by the Planning Division on September 24, 2009, except as may be modified by the conditions of approval contained herein. 3. Restrictions of Use: In conformance with the Operational Description described above, the Administrative Planned Development Permit approved herein shall not permit the construction of multiple medical examination rooms. Attachment #2 Page 2 of 4 4. Business License Required: The use approved herein shall not be established until issuance of a Business License has been granted. 5. Transferability: Prior to issuance of a new business license pursuant to this Administrative Planned Development Permit, any new business owners shall be required to a sign a copy of the final approved set of Conditions of Approval. 6. Administrative Planned Development Permit Approval Expiration: The Administrative Planned Development Permit approval shall be valid for one year from the date of final approval. Within this one-year period, a business license(s) must be obtained and the use established on the property and all conditions of approval fulfilled. Failure to meet this deadline will result in the Administrative Planned Development Permit being void. 7. Revocation of Permit: Operation of the use in violation of the Administrative Planned Development Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Administrative Planned Development Permit by the Community Development Director. 8. Business Hours: The hours of business shall be restricted to Monday through Sunday from 9:30 a.m. to 7:00 p.m. 9. Property Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. 10. 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.