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PC Res 4569RESOLUTION NO. 4569 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT AND PARKING MODIFICATION PERMIT (PLN-2020-41) TO ALLOW ESTABLISHMENT OF A MEDICAL OFFICE USE (WEIGHT LOSS CLINIC) WITHIN AN EXISTING OFFICE SPACE LOCATED AT 1626 W. CAMPBELL 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 number PLN-2020-41: 1. The project site is zoned C-1 (Neighborhood Commercial) and designated Neighborhood Commercial by the General Plan. 2. The project site is located within Kirkwood Plaza, a 12-acre commercial shopping center comprised of eight buildings located on the south side of W. Campbell Avenue, between Fulton Street and S. San Tomas Aquino Road. 3. The subject tenant space is located within an existing office space on the second floor of an existing office/retail building near the middle of the shopping center. 4. The proposed project is an application to allow the establishment of a medical office use which is allowed in the C-1 Zoning District with the approval of a Conditional use Permit. 5. The proposal does not involve expansion of the building and includes only minor exterior changes to the existing property for site accessibility. 6. The hours of operation would be limited to 6:00 AM to 7:30 PM daily. 7. The business/public hours would be limited to 7:00 AM — 6:00 PM daily. 8. The maximum number of occupants at any one time is eight staff members and/or patients. 9. Pursuant to CMC Section 21.28.040(A) the previous office use requires eight parking spaces and the proposed medical use requires nine parking spaces. 10. Based on the varied uses with different peak hours and the existing 620 parking spaces in the shopping center, a deficit of one parking space is not anticipated to create a parking issue. 11. 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. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Planning Commission Resolution No. 4569 1626 W. Campbell Avenue — Conditional Use Permit (PLN-2020-41) Page 2 of 3 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 proposed use is consistent with the General Plan; 3. 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; 4. The proposed site is adequately served by streets (W. Campbell Avenue & S. San Tomas Aquino Road) 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 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. 7. Due to the unique nature and circumstances of the project, or special development features, the anticipated number of parking spaces necessary to serve the use or structure is less than that required by the applicable off-street parking standard, and would be satisfied by the existing or proposed number of parking spaces, as supported by review of the applicant's documentation and/or a parking demand study prepared by a qualified transportation engineer accepted by the decision -making body; 8. Conditions of approval have been incorporated into the project to ensure the long-term adequacy of the provided off-street parking; and 9. Approval of the parking modification permit will further the purpose of this chapter. 10. 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 and Parking Modification Permit (PLN-2020-41) to allow establishment of a medical office use (weight loss clinic) within an existing office space located at 1626 W. Campbell Avenue, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 11th day of August, 2020, by the following roll call vote: Planning Commission Resolution No. 4569 1626 W. Campbell Avenue — Conditional Use Permit (PLN-2020-41) Page 3 of 3 AYES: Commissioners: Buchbinder, Ching, Colvill, Hines, Krey, Ostrowski, and Rivlin NOES: Commissioners: ABSENT: Commissioners ABSTAIN: Commissioners: I-111=1 •0:111.] ATTEST: Paul Karmoyan, Secretary S Michael Krey, Chair )/1"' EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit (PLN-2020-41) 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 Approved Protect: Approval is granted for a Conditional Use Permit and Parking Modification Permit (PLN-2020-41) to allow a medical office use within an existing office space located at 1626 W. Campbell Avenue. The project shall substantially conform to the Project Plans and Written Statements stamped as received by the Planning Division on May 15, 2020 and March 13, 2020, 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. 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 eight staff members and/or patients 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 occupancy is not exceeded. b. Hours of Operation: Hours of operation shall be as follows. By the end of 'Business Hours', all patients shall have exited the premises. By the end of the 'Operational Hours' all employees shall be off the premises. Operational/Staff: 6:00 AM — 7:30 PM, Daily Business/Public: 7:00 AM — 6:00 PM, Daily c. 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 Exhibit A - Conditions of Approval -- 1626 W. Campbell Avenue File No. PLN-2020-41 Page 2 appointments, require additional parking management strategies and/or forward the project to the Planning Commission for review. d. Smoking: "No Smoking" signs shall be posted on the premises in compliance with CMC 6.11.060. e. Loitering: There shall be no loitering allowed outside the business. The business owner is responsible for monitoring the premises to prevent loitering. f. Trash Disposal and Clean -Up: All trash disposal, normal clean-up, carpet cleaning, window cleaning, sidewalk sweeping, etc. shall occur during the "operational hours." g. Business License: The business shall be required to obtain and maintain a City business license at all times. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. Parking spaces shall be free of debris or other obstructions. BUILDING DIVISION 10. Expect this application to require approval from the following: [x] Campbell Planning Department [x] Campbell Public Works Department Exhibit A - Conditions of Approval — 1626 W. Campbell Avenue File No. PLN-2020-41 P [ ] Campbell Civil Engineering Department [x] Campbell Building Department [x] West Valley Sanitation District [x] San Jose Water District (279-7900) [x] Outside structural and energy plan check [ ] Outside structural and energy and complete code plan check [x] Santa Clara County Fire Department [ ] HAZMAT [ ] Santa Clara County Department of Environmental Health [ ]........................................... 11.This Development Review Committee (DRC) preliminary review is from Campbell's Building Department. The intent is to identify major elements of concerns or omissions and to identify an expected process for project approval and permit issue. It is not a substitute for plan check and may not identify elements that may be observed during plan check. Time needed for a plan review cannot be accurately estimated at this time. The type of project, the quantity of plan review departments and the quality of the project documents will all contribute to time needed for review and eventual approval. 12.All our permit applications are now done online. From our website www.ci.campbell.ca.us get to —+ Community Development —> Building Inspection Division and begin the online application. You may choose from about 80 different type permits that are grouped into 10 Application Categories. Read the Application Guide as it will list the required documents as well as the required naming of files and provide links to design elements. Upload your drawings and any calculations or documents that are listed on the guide and be sure to including a completed Acknowledgement Statement. When we receive the application, we will review it. If some of the documents are missing or not named correctly, we will return it for adjustment. After acceptance, we will assess plan check fees that may be paid online and then proceed with the routing process (Fire, Planning, PW, etc.). 13.This application will require these documents (available at www.ci.campbell.ca.us) [ ] Demolition permit [x] Acknowledgement Statement (all online submittals) [ ] Intent to Occupy [ ] Owner Builder Acceptance of Liability for concurrent Planning and Building review [ ] West Valley Sanitation District approval letter [ ] Special Inspection checklist (signed by owner, eng'r, and plans examiner) [ ] Structural Calculations and Design [ ] Truss Design and Calculations [ ] Soil Evaluation Report [ ] Construction Tax Exemption [ ] Request for classification of new vs. remodel vs. new using portions of existing [x] Title-24 Energy Report Exhibit A - Conditions of Approval -- 1626 W. Campbell Avenue File No. PLN-2020-41 Page 4 [x] Clean Bay — Santa Clara Valley Non -point Pollution Control specification sheet [ ] California Accessibility Hardship Exemption [ ] Receipt of Park Fees paid to Campbell Public Works Department [x] Receipt of school district payment for developer fees Campbell Union School District (378-3405) Campbell Union High School District (371-0960) Campbell Union High School District (371-0960) Moreland School District (874-2900) Cambrian School District (377-2103) 14. Any commercial project will require the plans to be developed by an architect. 15. Commercial projects are subject to $0.198 per sq ft developer fees. Contact the Building Division (408) 866-2130 to obtain fee payment forms and pay fees directly to the applicable school district(s). 16.Include the standard, Santa Clara Valley Non -point Source Pollution Control Program specification sheet in your plan submittal package. The specification sheet (size 24" X 36") is available at: http://ca-campbell.civicplus.com/DocumentCenter/View/l12 FIRE DEPARTMENT 17. Formal Plan Review: Review of this development proposal is limited to accessibility of site access 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 adopted model codes. Prior to performing any work the applicant shall make application to, and receive from, the Building Division all applicable construction permits. 18. No Violation: This review shall not be construed to be an approval of a violation of the provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A permit presuming to give authority to violate or cancel the provisions of the fire code or other such laws or regulations shall not be valid. Any addition to or alteration of approved construction documents shall be approved in advance. [CFC, Ch.1, 105.3.6]