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PC Res 4271RESOLUTION NO. 4271 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIIT (PLN2015-303) TO ALLOW FOR THE ESTABLISHMENT OF A (MEDICAL OFFICE USE (CENTER FOR PERIODONTICS & DENTAL IMPLANTS) OUT OF AN EXISTING COMMERCIAL TENANT SPACE LOCATED AT 2160 S. BASCOM AVENUE, SUITES A 8~ B. 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 number PLN2015-303: 1. The project site is zoned C-2 (General Commercial) and designated General Commercial by the General Plan. 2. The project site is an approximately 28,641 square-foot rectangular corner lot located on the east side of S. Bascom Avenue, north of Shady Dale and south of EI Solyo Avenue. 3. The proposed project is an application to allow the establishment of a medical office use which is allowed in the C-2 Zoning District with the approval of a Conditional use Permit. 4. The proposal does not result in any additional floor area and only minor exterior changes to the existing property for site accessibility and maintenance access. 5. The proposal does not result in the removal of any onsite trees and only a minor area of landscaping. 6. As conditioned, the hours of operation would be limited to 7:30 AM to 8:30 PM, Daily in perpetuity. 7. As conditioned, the business/public (class) hours would be limited to 8:00 AM - 8:00 PM, Mon. -Fri. in perpetuity. 8. As conditioned, instruction/training would be limited to 5:30 PM - 8:00 PM, Thur. with no overlap wii;h public/appointment hours in perpetuity. 9. Policies found within the Campbell General Plan articulate a desire to promote and allow change consistent with reinforcing positive neighborhood values and protecting the integrity of the city's neighborhood, encouraging neighborhood serving commercial uses within vvalking distance of residential uses, and attracting and maintaining a variety of usE~s that create an economic balance within the city while providing high quality service's to the community. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Planning Commission Resolution No. 4271 2160 S. Bascom P~venue -Conditional Use Permit (PLN2015-303) Page 2 of 2 1. 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; 2. The proposecl use is consistent with the General Plan; 3. The proposecl site is adequate in terms of size and shape to accommodate the fences and walls, laindscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area; 4. The proposecl site is adequately served by streets (S. Bascom Avenue & Shady Dale Avenue) of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate; 5. 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; 6. The establishiment, 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 7. The project is Categorically Exempt under Section 15301, Class 1 of the California Environmental Quality Act (CEQA), pertaining to the operation and leasing of an existing private structure. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2015-303) to allow for the establishment of a medical office use (center for periodontics ~& dental implants) out of an existing commercial tenant space located 2160 S. Bascomi Avenue, Suites A & B, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 26th day of January, 2016, by the following roll call vote: AYES: Comrnissioners: Finch, Bonhagen, Kendall, Reynolds, Young, Dodd and Rich NOES: Comrnissioners: None ABSENT: Comrnissioners None ABSTAIN: Comrnissioners: None ~` J APPROVED:` G~f ~, ,~Jd~ ( %' Cyn hia odd, Chair ATTEST: Palril Kerlrnoyan, Secretary EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit (PLN2015-303) Where approval k>y 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 thie 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 a Conditional Use Permit (PLN2015-303) to allow a medical office use within an existing commercial tenant space located at 2160 S. Bascom Avenue, Suites A ~ B. The project shall substantially conform to the Project: Plans and Written Statements stamped as received by the Planning Division on January 15, 2016, except as may be modified by the Conditions of Approval contained herein. 2. 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 all conditions of approval shall be fulfilled and the use established. Failure to meet this deadline will result in the Conditional Use Permit being void. Abandonment, discontinuation, or ceasing of operations for a continuous period of twelve months shall void the Conditional Use Permit approved herein. 3. Revocation of Permit: Operation of a medical office use pursuant to the Conditional Use Permit. approved herein is subject to Chapter 21.68 of the Campbell Municipal Code authorizing the appropriate decision making body to modify or revoke a Conditional Use Permit if it is determined that its operation has become a nuisance to the City's public health, safety or welfare or for violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell. At the discretion of the Community Development Director, if the establishment generates three (3) verifiable complaints related to violations of conditions of approval and/or related to its operation within a six (6) month period, a public hearing may be scheduled to consider modifying conditions of approval or revoking the Conditional Use Permit. The Comrunity Development Director may commence proceedings for the revocation or modification of permits upon the occurrence of less than three (3) complaints if the Community Development Director determines that the alleged violation warrants such an action. In exercising this authority, the decision making body may consider the following factors, among others: a. The nunnber and types of noise complaints at or near the establishment that are reasonably determined to be a direct result of patrons actions or facility equipment; Exhibit A - Conditiions of Approval ~ 2160 S. Bascom Avenue File No. PLN2015-303 Paae 2 b. The number of parking complaints received from residents, business owners and other citizens concerning the operation of an establishment; and c. Violatioin of conditions of approval. 4. Operational Standards: Consistent with the submitted Written Descriptions and City standards, any medical office use operating pursuant to the Conditional Use Permit approved herein shall conform to the following operational standards. Significant deviations from these standards (as determined by the Community Development Director) shall require approval of a Modification to the Conditional Use Permit. a. Maximum Occupancy: A maximum of thirteen staff shall be permitted on the premises at any time, which is further subject to the maximum occupancy capacities of certain rooms as determined by the California Building Code (CBC). It is the responsibility of the business owner to provide adequate entrance controls to ensure that participant occupancy is not exceeded. Maximum Occupancy signs shall be posted conspicuously within the premises. b. Retail Sales: Retail sales are permitted in association with the proposed use. c. Instruction/Training: No more than one class shall be permitted at any one time. d. Hours of Operation: Hours of operation shall be as follows. By the end of 'Business Hours' and `Instructor/Training Hours', respectively, all patrons shall have e~:ited the premises. By the end of the 'Operational Hours' all employees shall be off the premises. Business/Public Hours: 8:00 AM - 5:00 PM, Mon. -Fri. Instructor/Training: 5:30 PM -8:00 PM, Thurs. (no overlap w/ public) Operational/Staff: 7:30 AM - 8:30 PM, Daily These hours are restricted in perpetuity. e. Parking Management: In the event that a verifiable complaint is received by the City regarding parking, the Community Development Director may reduce the permitted occupancy, limit the hours of operation, require greater staggering of classes, require additional parking management strategies and/or forward the project to the Planning Commission for review. f. Smoking: "No Smoking" signs shall be posted on the premises in compliance with CMC 6.11.060. g. Noise: Outdoor speakers are prohibited. Unreasonable levels of noise, sounds and/or voices, including but not limited to indoor amplified sounds, indoor loud speakers, sounds from indoor audio sound systems or music, and/or indoor public address system, generated or used by the establishment or its participants shall not be audible to a person of normal hearing capacity from outside the enclosed tenant space. i. In the event that a verifiable complaint is received by the City regarding noise, the Community Development Director may reduce the permitted occupancy, limit the hours of operation, limit the Exhibit A - Condit~~ions of Approval ~ 2160 S. Bascom Avenue File No. PLN2015-303 Page 3 permissible decibels, and/or forward the project to the Planning Commission for review. h. Loitering: There shall be no loitering allowed outside the business. The business owner is responsible for monitoring the premises to prevent loitering. i. Trash (Disposal and Clean-Up: All trash disposal, normal clean-up, carpet cleaning, window cleaning, sidewalk sweeping, etc. shall occur during the "operational hours." Business License: The business shall be required to obtain and maintain a City business license at all times. 5. Bicycle Rack: Prior to occupancy, the applicant shall install one additional bicycle rack on the property. The exact location and design of the bicycle rack shall be subject to review and approval by the Community Development Director. 6. Storefront Windows & Doors: At no time shall an obscure wall or barrier (i.e. drapery, window tinting, blinds, furniture, inventory, shelving units, storage of any kind or similar) be installed along, behind or attached to windows or doorways that blocks visual access to the tenant space or blocks natural light without first obtaining written approval by the Community Development Director. 7. Landscape Maintenance: All landscaped areas shall be continuously maintained in accordancE~ with City Landscaping Requirements (CMC 21.26). Landscaped areas shall be watered on a regular basis so as to maintain healthy plants. Landscaped areas shall be kept free of weeds, trash, and litter. Dead or unhealthy plants shall be replaced with healthy plants of the same or similar type. 8. signage: No signage is approved as part of the development application approved herein. New signage shall not be installed prior to approval of a sign permit. 9. 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 prc-viding screening of the mechanical equipment from public view and surroundincl 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. 10.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. 11. Parking arnd 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. Parking spaces shall be free of debris or other obstructions. Exhibit A -Conditions of Approval ~ 2160 S. Bascom Avenue File No. PLN2015-303 Paae 4 BUILDING DIWISION 12. Permits RE; uired: A building permit application shall be required for the proposed Tenant Improvements to the (e) vacant commercial space. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 13. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 14. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 15. Plan Prep<~ration: 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. 16. 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 shhall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. 17. 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. 18. 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 Chapter 1, Section 106. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 19. 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. 20. 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. 21. Title 24 Accessibility -Commercial: This project shall comply fully with the provisions of Chapter 11 B of the California Building Code 2013 ed. 22.Approvals I~eguired: The project requires the following agency approval prior to issuance of the building permit: a. Wes1i Valley Sanitation District Exhibit A - Conditiions of Approval ~ 2160 S. Bascom Avenue File No. PLN2015-303 Page 5 b. Santa Clara County Fire Department c. Santa Clara County Department of Environmental Health 23. 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. 24. 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. PUBLIC WORKS DEPARTMENT 25. Proof of Ownership: Prior to issuance of any grading, drainage, or building permits for the site, the applicant shall provide a current Preliminary Title Report, grant deed, or other satisfactory proof of ownership. 26. 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. 27. Plan Lines:_ Prior to issuance of any grading or building permits for the site, the applicant shall provide a plan layout showing the correct distance from the street centerline too the property line, dimensions of sidewalk and other relevant information in the public right of way. 28. 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. Exhibit A -Conditions of Approval ~ 2160 S. Bascom Avenue File No. PLN2015-303 Page 6 29. 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. South Bascom Avenue has not been overlaid in the last five 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. 30. Street Improvement Agreements /Plans /Encroachment Permit /Fees /Deposits: Prior to issuance of 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. Removal of existing driveway approaches and necessary sidewalk, curb and gutter. c. Installation of City standard ADA compliant driveway approaches (may require right-of-way dedication). d. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. e. Construction of conforms to existing public and private improvements, as necessary. f. Submit final plans in a digital format acceptable to the City. 31. Street Improvements Completed for 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 and pavement restoration installed ar~d accepted by the City, and the design engineer shall submit as-built drawings to the City. 32. Maintenance of Landscaging: 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. 33. Utility Encroachment Permit: Separate Encroachment 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. Exhibit A -Conditions of Approval ~ 2160 S. Bascom Avenue File No. PLN2015-303 Paae 7 34.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. FIRE DEPARTMENT 35. Formal Plan Review: Review of this development proposal is limited to accessibility of site accf~ss and water supply as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adoptE~d model codes. Prior to performing any work the applicant shall make application to, and receive from, the Building Division all applicable construction permits. 36. Medical Gas System: If a medical gas system is to be installed, review and approval by the HAZMAT Division is required prior to building permit submittal and design.