PC Res 4118RESOLUTION NO. 4118
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT (PLN2013-224) TO ALLOW A MEDICAL USE (DROP-IN
CLINIC) WITHIN AN EXISTING CVS PHARMACY ON
PROPERTY LOCATED AT 1720 S. BASCOM AVENUE.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The Planning Commission finds as follows with regard to file numbers PLN2013-224:
Environmental Finding
1. The project qualifies as a Categorically Exempt project under Section 15301 Class 1
of the California Environmental Quality Act (CEQA) pertaining to minor alterations to
an existing private structure, involving negligible or no expansion of use beyond that
existing at the time of the lead agency's determination.
Evidentiary Findings
1. The project site is located on the southeast corner South Bascom Avenue and
Hamilton Avenue and is adjacent to commercial uses to the north, south and west,
and multi-family residences to the east.
2. The project site consists of a 538,500 square foot lot, with the subject tenant space
occupying 26,200 square feet of building area.
3. The project includes the remodel of 205 square-feet of interior space into two private
exam rooms.
4. The existing 696 shared parking spaces will adequately address the parking needs of
the subject site and proposed use.
5. In 2009, the Planning Commission previously approved a Conditional Use Permit
application (Resolution #3937) for 24-hour operations, including the sale of alcohol for
off-site consumption, subject to conditions of approval incorporated herein.
6. No exterior modifications to the building are proposed.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The 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.
Planning Commission Resolution No. 4118
PLN2013-224- 1720 S. Bascom Avenue -Conditional Use Permit -Drop-In Clinic
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3. The proposed modification of the existing use will not create a nuisance due to litter,
noise, traffic, vandalism, or other factors.
4. The proposed modification of the existing use will not significantly disturb the peace
and enjoyment of the nearby residential neighborhood.
5. The proposed modification of the existing use will not significantly increase the demand
on City services.
6. The 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.
7. The site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic the use would be expected to generate.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2013-224) to allow a medical use (drop-in clinic) within an existing CVS
Pharmacy on property located at 1720 S. Bascom Avenue.
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance
with all applicable conditions of approval, adopted policies and guidelines, ordinances,
laws and regulations and accepted engineering practices for the item under review.
Additionally, the applicant is hereby notified that he/she is required to comply with all
applicable Codes or Ordinances of the City of Campbell and the State of California that
pertain to this development and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
1. Approved Project: Approval is granted for
allow a medical use (Minute Clinic Health
Pharmacy) on property located at 1720
substantially conform to the project plans a
the Planning Division on August 5, 2013, e
of Approval contained herein.
a Conditional Use Permit (PLN2013-224) to
Center) within an existing drugstore (CVS
S. Bascom Avenue. The project shall
nd written description dated as received by
xcept as may be modified by the Conditions
2. Previous Conditions of Approval: Upon the effective date of the Resolution approving
this Conditional Use Permit, previously approved Conditions of Approval provided in
Planning Commission Resolution No. 3937 shall be void and shall permanently be
superseded in their entirety by the Conditions of Approval specified herein.
Conditional Use Permit Approval Expiration: The Conditional Use Permit approval
shall be valid for one year from the date of final approval. Within this one-year period
Planning Commission Resolution No. 4118
PLN2013-224- 1720 S. Bascom Avenue -Conditional Use Permit -Drop-In Clinic
Page 3
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.
4. 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.
Minute Clinic Health Center: The Minute Clinic Health Center operations shall be
limited to two private exam rooms totaling 205 square feet in area. Services shall be
provided by aNurse-Practitioner only and limited to the diagnosis and treatment of
common family illnesses, vaccination services, wellness check-ups, sports and camp
physicals, and treatment of minor injuries not resulting suturing, surgical procedures,
invasive procedures, or radiation (x-rays). No doctors shall be on-site. Medical services
requiring care by a doctor shall not be provided at this center.
6. Emergency Response Plan: Applicant shall consult with County Fire to establish an
emergency vehicle access plan.
7. Hours of Operation for the Minute Clinic Health Center Operation: The operational
hours of the medical use (Minute Clinic Health Center) component shall be 8:00 AM to
8:00 PM Monday through Friday and 10:00 AM to 4:00 PM Saturday and Sunday.
8. Hours of Operation for the Drugstore Operation: The operational hours of the general-
retail component and the pharmacy component of the subject drugstore shall be 24-
hours aday, Monday through Sunday.
9. Selling of Alcohol: The selling of alcoholic products shall be subject to the following
restrictions:
a. The sale of alcoholic products shall be limited to the hours permitted by the State of
California.
b. The Community Development Director may require specific signage or locked
cabinet shelving, or similar measures, to prevent the unauthorized selling of
alcohol
c. The sale of alcoholic products shall be limited to 10% of the gross floor area of the
existing tenant space. An expansion of the tenant space resulting in a net increase
in the floor area devoted to the selling of alcoholic products shall not be permitted
without a Modification to the Conditional Use Permit approved herein.
d. The applicant shall maintain in good standing the appropriate off-sale liquor license
from the State Department of Alcoholic Beverage Control for the sale of alcoholic
products.
e. No approval for an on-sale liquor license is granted.
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10. 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.
ll.0utdoor 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.
12. Delivery Hours: Deliveries shall be limited to 7:00 AM to 7:00 PM daily. In the event
complaints are received by the City regarding deliveries in violation of these hours, 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. Construction/Repair Activities: All interior or exterior construction and/or repair activities
shall be limited to 8:00 AM to 7:00 PM daily. In the event complaints are received by
the City regarding activity in violation of these hours, 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.
14. Alley Usage: Employee usage of the rear alleyway shall be limited to the delivery hours
of 7:00 AM to 7:00 PM.
15. Noise:
a. Noise Standard: Any noises, sounds and/or voices, including but not limited to
amplified sounds, loud speakers, sounds from audio sound systems, music, and/or
public address system, generated by the subject use shall not be audible to a
person of normal hearing capacity from any residential property.
b. Noise Management: In the event complaints are received by the City regarding
noise, the Community Development Director may immediately modify the hours of
operation and/or limit the extended hours of operation, subject to the project being
brought back to the Planning Commission for review.
16. Parking and Driveways: All parking and driveway areas shall be maintained in
compliance with the standards in Chapter 21.50 of the Campbell Municipal Code.
17. 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.
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18. Signs: No signage is permitted as part of the development application approved
herein. New signage shall not be installed prior to approval of a sign permit subject to
the approved Master Sign Program.
Building Division:
19. Permits Required: A building permit application shall be required for the proposed
remodeling to create the exam rooms and medical services area in the existing retail
store. The building permit shall include Electrical/Plumbing/Mechanical fees when such
work is part of the permit. The building shall be made to comply with all the
requirements necessary to I-3 Occupancy.
20. Construction Plans: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
21. Size of Plans: The minimum size of construction plans submitted for building permits
shall be 24 in. X 36 in.
22. 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.
23. 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.
24. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-1 R and
MF-1 R shall be blue-lined on the construction plans. 8'/z" X 11" calculations shall be
submitted as well.
25. 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 Appendix Chapter 1, Section 106. Please obtain City of Campbell,
Special Inspection forms from the Building Inspection Division 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.
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28. Approvals Required: The project requires the following agency approval prior to
issuance of the building permit:
a. West Valley Sanitation District (378-2407)
b. Santa Clara County Fire Department (378-4010)
c. Santa Clara County Dept. of Environmental Health (918-3400)
29. P.G. &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. and E. concerning utility
easements, distribution pole locations and required conductor clearances.
30. LEED for New Construction: Applicant shall complete and return LEED Project
Checklist prior to issuance of permit.
31. Storm Water Requirements: Storm water run-off from impervious surface created by
this permitted project shall be directed to vegetated areas on the project parcel. Storm
water shall not drain onto neighboring parcels.
PASSED AND ADOPTED this 8th day of October, 2013, by the following roll call vote:
AYES: Commissioners: Dodd, Kendall, Resnikoff, Reynolds, Rich and Roseberry
NOES: Commissioners: None
ABSENT: Commissioners Finch
ABSTAIN: Commissioners: None
APPROVED: ~ ~
Philip ~, Reynolds, Jr., hair
ATTES
Aki Honda Snelling, Ac ing Secretary