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Use Permit - Dental Ofc - 2010CITY of CAMPBELL Community Development Department May 26, 2010 AiLan Tran & Vinh Le 2042 Tully Road San Jose, CA 95122 Re: PLN2009-122 - 1374 E. Hamilton Ave -Use Permit -Dental Office Dear Applicant: Please be advised that at its meeting of May 25, 2010, the Planning Commission adopted Resolution No. 3985 approving a Conditional Use Permit (PLN2009-122) incorporating Site and Architectural Review approval to establish a new dental office in an existing two- story office building, construct a 500 square foot first-story addition and remodel the exterior of the building on the above referenced properties. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5 p.m. on Friday, June 4, 2010. 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. Sincerely, Paul Kermoyan Planning Manager cc Bill Bruckart, Building Official E. William & Charlotte Daerkson, 1153 Wilhelmina Way, SJ, 95120 (Prop Owners) Shaunna Reed, Westridge Builders, 6207 South Walnut St., Loomis, CA 95650 RESOLUTION NO. 3985 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2009-122) INCORPORATING SITE AND ARCHITECTURAL REVIEW PERMIT APPROVAL TO ESTABLISH ANEW DENTAL OFFICE IN AN EXISTING TWO-STORY OFFICE BUILDING, CONSTRUCT A 500 SQUARE FOOT FIRST-STORY ADDITION AND REMODEL THE EXTERIOR OF THE BUILDING ON PROOPERTY OWNED BY E. WILLIAM AND CHARLOTTE DAERKSEN LOCATED AT 1374 E. HAMILTON AVENUE. APPLICATION OF AILAN TRAN AND VINH LE. FILE NO.: PLN2009-122. 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 P-anning Commission did find as follows with respect to application PLN2009-122. Environmental Finding The project qualifies as a Categorically Exempt project per Section 15301, Class 1 of the California Environmental Quality Act (CEQA), pertaining to minor alterations of existing private structures. Evidentiary Findings 2. The Project Site is zoned P-O (Professional Office) on the City of Campbell Zoning Map. 3. The Project Site is designated Professional Office on the City of Campbell General Plan Land Use diagram. 4. The Project Site is currently developed with a two story office building and is located along Hamilton Avenue between Manchester Avenue and Nottingham Way. The site abuts single-family residential development to the southerly property line. 5. The Project Site is composed of two parcels with a combined lot area of 14,493 square- feet. 6. The two parcels composing the project site are identified on Page 13 of Book 12 of the Santa Clara County Assessor Map as parcels number 56 and 57. 7. The Proposed Project was reviewed as a single parcel with respect to development standards such as on-site parking, lot coverage, and Floor Area Ratio. Pursuant to a condition of approval, these two parcels will be combined into one. Planning Commission Resolution No. 3985 PLN2009-122 - 1374 E. Hamilton Avenue -Use Permit Paae 2 8. The Proposed Project consists of a 495 square-foot addition and facade remodel to an existing two-story office building and establishment of a dental office and speculative medical office. 9. The Proposed Project will be compatible with the P-O (Professional Office) Zoning District with approval of a Conditional Use Permit incorporating Site and Architectural Review. 10. The project provides 21 parking spaces, including one disabled loading space, where 22 parking spaces (rounded up) are required. 11. The hours of the business open to the public shall be restricted to 9 AM to 6 PM. 12. The proposed addition and facade improvement will substantially improve the appearance of the existing office building by introducing contemporary materials and colors. 13. 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. 14. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. 15. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. Based upon the foregoing findings of fact and pursuant to CMC §21.46.040, the Planning Commission further finds and concludes that: 16. The project will aid in the harmonious development of the immediate area; 17. The project is consistent with applicable adopted design guidelines; 18. 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 Campbell Municipal Code; 19, The proposed use is consistent with the General Plan; 20. 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; Planning Commission Resolution No. 3985 PLN2009-122 - 1374 E. Hamilton Avenue -Use Permit Paae 3 21. 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; 22. 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; and 23. 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. THEREFORE, BE IT RESOL\!FD that the Planning Commission approves a Conditional Use Permit (PLN2009-122) incorporating Site and Architectural Review Permit approval to establish a new dental office in an existing two-story office building, construct a 500 square foot first-story addition and remodel the exterior of the building on property owned by E. William and Charlotte Daerksen located at 1374 E. Hamilton Avenue. 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 Planning Commission approval, the applicant and properly owl per 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: (,L~l-~ Vin Le Tran '`~' ! ~L AiLan Tran ~; ~ C 3 ? C f G'. Date ~;Eib:3 ?Cf~ Date Planning Commission Resolution No. 3985 PLN2009-122 - 1374 E. Hamilton Avenue -Use Permit Paae 4 2. Approved Project: Approval is granted for a Conditional Use Permit (PLN2009-122), incorporating Site and Architectural Review, to allow the construction of a 495 sq. ft. first floor addition and facade improvement to an existing two-story office building and establishment of a dental office and a speculative medical office located on property located at 1374 E. Hamilton Avenue. The project shall substantially conform to the Revised Project Plans, Color Board, and Operational statement received by the Community Development Department on March 11, 2010, April 22, 2010, and September 17, 2009, respectively, except as may be modified by additional conditions specified herein: a. Site Plan: With building permit submittal, the applicant shall revise the site plan to show a ground marking (direction arrow) and posted sign designating the Hamilton Avenue driveway as entrance only. b. Elevations: With building permit submittal, the applicant shall revise the elevations to (1) indicate that the HVAC equipment screen will be in the same material and color as the new metal roof and (2) show the front-door accessibility ramp in black metal, instead of stainless steel. 3. Lot-Line Adiustment: Prior to building permit submittal, applicant shall submit an application for a Lot Line Adjustment to merge the parcel composing the project site into one. Prior to building permit final, the Lot Line Adjustment shall be executed. 4. Planning Final Required: Planning clearance is required 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. 5. Conditional Use Permit Approval Expiration: The Conditional Use Permit, incorporating Site and Architectural Approval, shall be valid for two (2) years from the effective date of Planning Commission approval. Within this two-year period a Building Permit for the approved 495 square-foot addition, fagade improvement, and interior tenant improvement for the approved dental office must be obtained and construction commenced. The approved speculative medical office use shall be established within one year of building permit final. Failure to meet these deadlines will result in the Conditional Use Permit being void. 6. Speculative Medical Office: Prior to issuance of a building permit or business license for use of the speculative medical office, the applicant shall verify from the Community Development Department that the future use is consistent with the Campbell Municipal Code. 7. Transferability: Prior to issuance of a business license pursuant to this Conditional Use Permit to a new owner(s) of the subject business, said new owner(s) shall be required to sign the approved Resolution, incorporating the final approved set of Conditions of Approval. Planning Commission Resolution No. 3985 PLN2009-122 - 1374 E. Hamilton Avenue -Use Permit Pa e 5 S. 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. 9. Business Hours: The hours of the two medical uses approved by this Conditional Use Permit to the public shall be restricted to 9 AM to 6 PM, daily. Changes to the approved business hours may be approved by the Community Development Director if the request is found not to be detrimental to the general welfare of the neighborhood. 10. Operational Hours: The hours of operation (the hours employees are allowed on site for to prepare for opening and for clean up after closing) shall be restricted to 7:00 AM to 8:00 PM daily, exclusive of the customary and reasonable use of the medical office for administrative work. 11. 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. 12. Outdoor Storage: No equipment, materials or business vehicles shall be parked and/or stored outside the building or within the parking lot. 13. 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. 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 compatible with the building and requires review and approval by the Community Development Director and Building Division prior to installation of such screening. 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 and trash collection shall be done between 7:00 a.m. and 7:00 p.m. daily. 16. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to installation of any PG&E transformers and San Jose Water Company back-flow preventers, if required, indicating the location of the facilities and screening (if the facilities are above ground) for review and approval by the Community Development Director. Planning Commission Resolution No. 3985 PLN2009-122 - 1374 E. Hamilton Avenue -Use Permit Page 6 17. 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. 18. Landscape Plan: If the existing landscaping is proposed to be significantly modified, applicant shall submit two copies of a landscape plan, prior to the issuance of building permits, for review and approval by the Community Development Director. The plan shall show the type of trees, size of trees and tree planting detail and irrigation details. The landscape plan shall substantially conform to the approved site plan and the City's Water Efficient Landscaping Standards (WELS). The required landscaping shall be installed prior to the final inspection completed by the Planning Department 19. Landscape Maintenance: The owner/operator of the property shall provide on-going maintenance of the existing and proposed on-site landscaping. 20. 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. 21. Operation of Mechanical Equipment: Pursuant to the Campbell Municipal Code, operation of power equipment (i.e. "power-washer"), shall be limited to the hours of 8:00 AM and 7:00 PM Monday through Friday, and between the hours of 9:00 AM and 6:00 PM Saturday, Sunday and nationally recognized holidays. 22. Parking and Driveways: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. A total of 75 non-commercial vehicle parking spaces will be provided. 23. 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. Planning Commission Resolution No. 3985 PLN2009-122 - 1374 E. Hamilton Avenue -Use Permit Paae 7 f. Prior to the issuance of building permits, the project site shall be posted with the name and contact number of the lead contractor 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: 24. Permits Required: A building permit application shall be required for the proposed Dental Office tenant improvements to the (e) commercial structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 25. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 26. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches. 27. 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. 28. 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 numbers shall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. 29. Title 24 Eneray Compliance: California Title 24 Energy Standards Compliance forms shall be blue-lined on the construction plans. Compliance with the Standards shall be demonstrated for conditioning of the building envelope and lighting of the building. Planning Commission Resolution No. 3985 PLN2009-122 - 1374 E. Hamilton Avenue -Use Permit Paae 8 30. ~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. 31. 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. 32. 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. 33. 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. 34. 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. 35. LEED for New Construction: Applicant shall complete and return LEED Project Checklist prior to issuance of the building permit. 36. 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 PUBLIC WORKS DEPARTMENT 37. Proof of Ownership: Prior to issuance of any grading or building permits for the site, the applicant shall provide a current (within the past 6 months) Preliminary Title Report. 38. Public Sidewalk Easement: Prior to issuance of any grading or building permits for the site, the applicant shall grant a 3' sidewalk easement on private property contiguous with the public right-of-way along the Nottingham Way frontage, unless otherwise approved by the City Engineer. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. Planning Commission Resolution No. 3985 PLN2009-122 - 1374 E. Hamilton Avenue -Use Permit Pa e 9 39. Street Improvements: Prior to issuance of any grading or building permits for the site, the applicant shall execute a street improvement agreement, 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 on Nottingham Way. d. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approach. e. Remove and replace sections of cracked and uplifted sidewalk on Manchester Ave and on Nottingham Way. f. Installation of City approved street trees on Nottingham Way and Manchester Ave. g. Installation of ADA compliant curb ramps on the southwest corner at Hamilton Avenue and Nottingham Way and at the southeast corner at Hamilton Ave and Manchester Ave. h. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell's Street Lighting Policies. Installation of traffic control, stripes and signs. j. Construction of conforms to existing public and private improvements, as necessary. 40, Maintenance of Landscaping: Owner(s), current and future, are required to maintain the landscaped park strip and tree wells in the public right of way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. 41. 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. 42. Water Meter(s) 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. 43. 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 Planning Commission Resolution No. 3985 PLN2009-122 - 1374 E. Hamilton Avenue -Use Permit Page 10 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. 44. 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. Hamilton Avenue was overlaid in FY00/01, Manchester Avenue was overlaid in FY97/98, and Nottingham Way was overlaid in FY98/99. 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. 45. 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. 46. 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 developmenUproject/permit, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the city. 47. 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. Specifically the project must include source control, site design and treatment measures to achieve compliance with Provision C.3. of the NPDES Permit. Measures may include, but are not limited to, minimization of impervious surface area, vegetated swales, infiltration areas, and treatment devices. 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. Planning Commission Resolution No. 3985 PLN2009-122 - 1374 E. Hamilton Avenue -Use Permit Page 11 48. Occupancy and Building Permit Final: Prior to allowing occupancy for any and/or final building permit signoff and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City, and the designer shall submit as-built drawings to the City. COUNTY FIRE DEPARTMENT 49. Revision of Notes: Fire Department conditions are noted on Page A-02 of plans and are shown as Redwood City Ordinance, NEC or IBC. Such references shall be corrected, moved to other appropriate sections and/or removed from future editions of plans. 50. Fire Extinguishers: Portable fire extinguishers shall be installed as per applicable code. 51. Premise Identification: Approved numbers or addresses shall be placed on all new and existing buildings in such a position to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. Note: Interior hallways and offices shall be clearly identified and marked. 52. Fire Lane Marking: Provide marking for all roadways within the project. Markings shall be per fire department specifications. Installation shall also conform to Local Government Standards and Fire Department Standard Details and Specifications A-6. PASSED AND ADOPTED this 25th day of May, 2010, by the following roll call vote: AYES: Commissioners: Alster, Cristina, Ebner, Gibbons, Reynolds, Rocha and Roseberry NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None APPROVED: lizabeth Gibbons, Chair ATTEST: Kirk einr' hs, Secretary