PC Res 4664
RESOLUTION NO. 4664
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING APPROVAL OF A CONDITIONAL
USE PERMIT MODIFICATION WITH SITE AND ARCHITECTURAL
REVIEW (PLN-2022-45) TO ALLOW THE EXPANSION OF A MEDICAL
SERVICES, CLINICS USE IN THE REMAINING PORTION OF A
COMMERCIAL BUILDING AND ASSOCIATED SITE AND
ARCHITECTURAL MODIFICATIONS LOCATED AT 2160 S. BASCOM
AVENUE IN THE C-2 (GENERAL COMMERCIAL) ZONING DISTRICT.
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 did find as follows with regard to application PLN-2022-45:
1. The project site is zoned C-2 (General Commercial) and designated General Commercial
by the General Plan.
2. The project site is the approximately 24,418 parcel located on the northeast corner of
South Bascom Avenue and Shady Dale Avenue.
3. The project site abuts an existing commercial building to the north and a single-family
residence to the east.
4. The subject use, a medical services, clinic use (d.b.a. Ueno Center Dental Specialists),
currently occupies a portion of an approximately 8,593 square-foot existing building.
5. The proposed project is an application for a Conditional Use Permit Modification with Site
and Architectural Review to allow the expansion of a medical services, clinics use in the
remaining portion of a commercial building and associated site and architectural
modifications. The site modifications include restriping the existing parking lot, increasing
landscaped area with four new trees, and updating the trash enclosure to meet current
standards. The architectural modifications include removing the mezzanine and exterior
stairs, and ensuring new exterior materials match existing material.
6. As described by the applicant's Project Description, Ueno Center Dental Specialists will
provide services such as: dental implants, extractions, gum grafts, laser gum treatment,
and full mouth rehabilitation. Ueno Center Dental Specialists anticipate an increase in
staffing needs, totaling 31 staff members.
7. In the C-2 (General Commercial) zoning districts, ‘medical services, clinics’ use is
identified as a Conditional Use.
8. A ‘medical service, clinic’ use is defined by CMC 21.72 as follows:
" "Medical services, clinics" means facilities primarily engaged in furnishing outpatient
medical, mental health, surgical, and other personal health services. These include:
medical, dental, and psychiatric offices (counseling services by other than medical
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doctors or psychiatrists are included under "offices"); outpatient care facilities;
emergency room services; and allied health services. Associations or groups
primarily engaged in providing medical or other health services to members are
included.”
9. With the removal of the mezzanine, approximately 741 square feet will be removed. This
square footage is not currently functional for the proposed medical service, clinic use.
10. The business would operate between 8:00 A.M. and 5:00 P.M. Monday through Friday
for customer serving hours and operate between 7:00 A.M. to 6:00 P.M. Monday through
Friday for staff operation hours, and accordingly, would not constitute a late-night use.
11. The site provides approximately 43 parking spaces. The proposed expansion of a
medical service clinic use requires 43 parking spaces, based on approximately 8,593
square feet. The municipal code requires one parking space per every 200 square feet
of gross floor area. Therefore, the project satisfies the parking requirement.
12. Applicable General Plan Policies considered by the Planning Commission included, but
were not limited to, the following:
Policy LUT-5.3: Variety of Commercial and Office Uses: Maintain a variety of attractive and
convenient commercial and office uses that provide needed goods, services, and
entertainment.
Policy LUT-13.1b: Business Retention and Attraction: Develop programs to retain and attract
businesses that meet the shopping and service needs of Campbell residents.
Policy LUT-11.2: Services within walking distance: Encourage neighborhood services within walking
distance of residential uses.
Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high quality building materials
on all buildings to ensure the long-term quality of the built environment.
13. In review the proposed project, the Planning Commission also weighed the public need
for, and the benefit to be derived from, the project, against any impacts it may cause.
14. 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:
Conditional Use Permit Findings (CMC Sec. 21.46.040):
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;
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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 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;
Site and Architectural Review Findings (CMC Sec. 21.42.060):
7. The project will be consistent with the General Plan;
8. The project will aid in the harmonious development of the immediate area; and
9. The project is consistent with applicable adopted design guidelines, development
agreement, overlay district, area plan, neighborhood plan, and specific plan(s).
Environmental Finding(s) (CMC Sec. 21.38.050):
10. The project is Categorically Exempt under Section 15301 (Class 1) of the California
Environmental Quality Act (CEQA), pertaining to the operation and leasing, and minor
alteration of an existing private structure.
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.
THEREFORE, BE IT RESOLVED that the Planning Commission grants approval of a
Conditional Use Permit Modification with Site and Architectural Review (PLN-2022-45) to
allow the expansion of a medical services, clinics use in the remaining portion of a
commercial building and associated site and architectural modifications located at 2160
South Bascom Avenue, subject to the attached Conditions of Approval (attached Exhibit
A).
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PASSED AND ADOPTED this 28th day of March, 2023, by the following roll call vote:
AYES: Commissioners: Krey, Kamkar, Zisser, Buchbinder, Ostrowski, Ching, Fields
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
APPROVED:
Adam Buchbinder, Chair
ATTEST:
Rob Eastwood, Secretary
EXHIBIT A
CONDITIONS OF APPROVAL
Conditional Use Permit (PLN-2022-45)
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 a Conditional Use Permit Modification with
Site and Architectural Review (PLN-2022-45) to allow the expansion of a medical
services, clinics use in the remaining portion of a commercial building and associated
site and architectural modifications located at 2160 S. Bascom Avenue. The project
shall substantially conform to the Project Description and Project Plans included as
Attachments 2 and 3 in the March 28, 2023 Planning Commission Staff Report, 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 two
years from the effective date of the approval (expiring March 28, 2025). Within this
two-year period a building permit must be submitted. Failure to meet this deadline will
result in the Approval being rendered void.
3. Required Parking Lot Trees: The project shall be required to provide one additional tree
in the parking lot, for a total of six trees in the parking lot. The applicant shall submit a
revised landscape sheet indicating this change prior to building permit issuance.
4. Operational Standards: Consistent with the submitted Written Descriptions and City
standards, a medical services, clinic 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. Odor Mitigation: The medical service, clinic use shall be designed and operated in a
manner so as to guarantee that no objectionable odors or noises shall be produced
outside its walls, and provisions for the off-site disposal of all waste materials shall
be made in compliance with County health standards. The removal of waste material
shall be done so as to guarantee that no obnoxious odor is produced.
b. Parking Management: In the event that three verifiable complaints are received by
the City regarding parking, the Community Development Director may require
establishment of limited duration parking, reduce the permitted occupancy, limit the
hours of operation, require greater staggering of visits, require additional parking
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management strategies and/or return the project to the Planning Commission for
review.
c. Hours of Operation: Hours of operation shall be as follows. By the end of 'Business
Hours', all customers shall have exited the premises. By the end of the 'Operational
Hours' all employees shall be off the premises.
Operational/Staff: 7:00 AM – 6:00 PM, Monday through Friday
Business/Public: 8:00 AM – 5:00 PM, Monday through Friday
d. Trash Disposal and Clean-Up: All trash disposal, normal clean-up, carpet cleaning,
window cleaning, sidewalk sweeping, etc. shall occur during the "operational hours."
e. Loitering: There shall be no loitering allowed outside the business. The business
owner is responsible for monitoring the premises to prevent loitering.
f. Business License: The business shall be required to obtain and maintain a City
business license at all times.
g. Smoking: "No Smoking" signs shall be posted on the premises in compliance with
CMC Section 6.11.060.
h. Medical Waste Disposal: All medical waste shall be properly disposed of as required
by the Santa Clara County Department of Environmental Health and/or the California
Department of Public Health.
i. Licensed Medical Professionals: All procedures involving penetration of skin (e.g.,
injections and drips) are required to be performed solely by licensed medical
professionals.
5. Windows & Doors: At no time shall an obscure wall or barrier (i.e. window tinting,
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.
6. 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. Exterior areas of the business shall include not only the parking
lot and private landscape areas, but also include the public right-of-way adjacent to the
business. Trash receptacles shall be maintained within their approved enclosures at all
times.
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.
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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 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.
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 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.
12. Revocation of Permit: Expansion of the medical service, clinics use and site and
architectural modifications pursuant to the Conditional Use Permit with Site and
Architectural review approved herein is subject to Chapter 21.46 of the Campbell
Municipal Code authorizing the appropriate decision making body to modify or revoke an
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 Community
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 number 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;
b. The number of parking complaints received from residents, business owners
and other citizens concerning the operation of an establishment; and
c. Violation of conditions of approval.
BUILDING DIVISION
Planning Commission Resolution No. 46## Page 4 of 5
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Conditional Use Permit Modification w/Site and Architectural Review (PLN-2022-45) –
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13. Permit Required: A Building Permit application shall be required for the proposed project.
The Building Permit shall include Electrical/Plumbing/Mechanical fees when such work
is part of the permit.
14. Conditions of Approval: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
15. Construction Fencing: The property shall be properly enclosed with construction fencing
to prevent unauthorized access to the site during construction. The construction site shall
be secured to prevent vandalism and/or theft during hours when no work is being done.
All protected trees shall be fenced to prevent damage to root systems in compliance with
the Standards for Tree Protection During Construction.
PUBLIC WORKS
16. The scope of this project does not trigger the requirement for Frontage Improvements as
required by Campbell Municipal Code 11.24.040. The City of Campbell’s adopted
Streetscape Standards identify this portion of Bascom Avenue as an Image Street with
very specific frontage improvement requirements as shown on page 9 of the document.
The proposed improvements shown on the Planning document/plan of the project does
not trigger the requirement for the installation of the streetscape improvements (see page
14 of the document). The Streetscape Standards can be viewed here:
(http://www.campbellca.gov/DocumentCenter/View/168).
17. 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.
18. Trash Capture – Install trash capture inserts (KriStar FloGard or approved equal) in all
on-site storm drain catchbasins, and a full trash capture screen (StormTek ST3G or
approved equal) in the existing storm drain catchbasin along the frontage.
19. Encroachment Permit / Plans / Fees / Deposits: Any work in the public right-of-way will
require an encroachment permit prior to the issuance of Building permit. In order to obtain
an encroachment permit, the applicant shall cause plans for public street improvements,
pay various fees and deposits, post security and provide insurance necessary to obtain
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an encroachment permit for construction of the standard public street improvements, as
required by the City Engineer
20. Private Improvements Agreement: Prior to the issuance of any building permits for the
site, the owner shall execute an “Agreement for Private Improvements in the Public Right
of Way”. This agreement would be required to allow the existing portion of the sign
located in the public right of way along the South Bascom Avenue frontage of this
property, and any other non-City standard improvements, to remain.
21. Trash Enclosure Requirements: The following conditions only apply if the applicant is
required to upgrade the existing trash enclosure:
a. NPDES Permit No. CAS612008 (CRWQCB): C.3.a.i. (7): For all new
development and redevelopment projects that are subject to the Permittee’s
planning, building, development, or other comparable review, but not
regulated by Provision C.3, encourage the inclusion of adequate source
control measures to limit pollutant generation, discharge, and runoff. These
source control measures should include:
i. Covered trash, food waste, and compactor enclosures.
b. Campbell Municipal Code 14.02.030 "Stormwater Pollution Control /
Requirements". The code states that no pollutants or water containing
pollutants can be discharged into the City's storm drain system. Trash
enclosures contain pollutants. During a rain event (or during general cleaning)
water washes over and into roofless enclosures, collecting pollutants and
discharging to the City's storm drain system. Applicants are required to show
how new trash enclosures will not discharge pollutants into the storm drain
system. Revise plan to address the following:
i. Show a sanitary sewer drain in the trash enclosure and connection to
the sanitary sewer system.
ii. Show grade break between trash enclosure pad (covered area) and
surrounding area to prevent stormwater and wastewater run-off and
run-on between the trash enclosure and surrounding area.
c. West Valley Sanitation District (WVSD), the local sanitary sewer agency, will
require a roof on the enclosure if the trash enclosure drain connects to their
sanitary sewer system.
Resol 4664 ~ 2160 S Bascom Ave (Ueno)
Final Audit Report 2023-03-08
Created:2023-03-01
By:Ken Ramirez (kenr@campbellca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAA6HAeEoE7w_qSIrc_isVnuYVHD1bTewZB
"Resol 4664 ~ 2160 S Bascom Ave (Ueno)" History
Document created by Ken Ramirez (kenr@campbellca.gov)
2023-03-01 - 9:14:11 PM GMT
Document emailed to Rob Eastwood (robe@campbellca.gov) for signature
2023-03-01 - 9:14:54 PM GMT
Email viewed by Rob Eastwood (robe@campbellca.gov)
2023-03-07 - 0:51:03 AM GMT
Document e-signed by Rob Eastwood (robe@campbellca.gov)
Signature Date: 2023-03-07 - 0:51:11 AM GMT - Time Source: server
Document emailed to abuchbinder@google.com for signature
2023-03-07 - 0:51:12 AM GMT
Email viewed by abuchbinder@google.com
2023-03-08 - 0:08:28 AM GMT
Signer abuchbinder@google.com entered name at signing as Adam Buchbinder
2023-03-08 - 0:09:06 AM GMT
Document e-signed by Adam Buchbinder (abuchbinder@google.com)
Signature Date: 2023-03-08 - 0:09:08 AM GMT - Time Source: server
Agreement completed.
2023-03-08 - 0:09:08 AM GMT