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PC Res 4659 RESOLUTION NO. 4659 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING APPROVAL OF A CONDITIONAL USE PERMIT (PLN-2022-85) TO ALLOW A MEDICAL SERVICES, CLINIC USE WITHIN AN EXISTING COMMERCIAL TENANT SPACE LOCATED AT 1640 S. BASCOM AVENUE SUITE F 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-2022-85: 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 12-acre commercial shopping center (Hamilton Plaza). 3. The subject use, B12 Love, occupies an approximately 2,014 square-foot commercial tenant space located towards at the corner of West Hamilton Avenue and South Bascom Avenue. 4. The proposed project is an application for a Conditional Use Permit to allow a medical services, clinics use (d.b.a. B12 Love). 5. As described by the applicant's Written Description, B12 Love is a medical services, clinics use providing vitamin injections and drips to customers in a spa-like setting. 6. In the C-2 (General Commercial) zoning districts, ‘medical services, clinics’ use is identified as a Conditional Use. 7. 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 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.” 8. The proposal does not result in any additional floor area or exterior changes to the existing buildings. 9. The business would operate between 10:00 A.M. and 6:00 P.M. Tuesday through Saturday for customer serving hours and operate between 9:00 A.M. to 7:00 P.M. Planning Commission Resolution No. 4659 Page 2 of 7 1640 S. Bascom Avenue Conditional Use Permit (PLN-2022-85) – Medical Services, Clinic Use Tuesday through Sunday for staff operation hours, and accordingly, would not constitute a late-night use. 10. The site provides approximately 691 parking spaces which are shared between all tenants. Based on the Ace Hardware store, there is a surplus of 19 parking spaces. The proposed medical service clinic use requires two additional parking spaces from the previous personal service use, resulting in a surplus of 17 parking spaces. Therefore, the project satisfies the parking requirement. 11. 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. 12. 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. 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. 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; 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; Planning Commission Resolution No. 4659 Page 3 of 7 1640 S. Bascom Avenue Conditional Use Permit (PLN-2022-85) – Medical Services, Clinic Use 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; Environmental Finding(s) (CMC Sec. 21.38.050): 7. 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. 8. 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 (PLN-2022-85) to allow a medical services, clinic use within an existing building located at 1640 South Bascom Avenue, Suite F subject to the attached Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 25th day of October, 2022, by the following roll call vote: AYES: Commissioners: Fields, Buchbinder, Krey, Zisser, Kamkar NOES: Commissioners: ABSENT: Commissioners: Ching, Ostrowski ABSTAIN: Commissioners: APPROVED: Adam Buchbinder, Acting Chair ATTEST: Rob Eastwood, Secretary EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit (PLN-2022-85) 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 (PLN-2022-85) to allow a new medical services, clinic use (d.b.a. B12 Love) within an existing commercial tenant space located at 1640 S. Bascom Avenue, Suite F. The project shall substantially conform to the Project Plans and Written Description included as Attachments 3 and 4 in the October 25, 2022 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 one year from the effective date of the approval (expiring November 4, 2023). Within this one-year period a business license must be obtained. Failure to meet this deadline will result in the Approval being rendered void. Abandonment, discontinuation, or ceasing of operations for a continuous period of twelve months shall void the Conditional Use Permit approved herein without the need for formal revocation by the decision-making body. 3. 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 management strategies and/or return the project to the Planning Commission for review. Planning Commission Resolution No. 4659 Page 2 of 4 1640 S. Bascom Avenue Conditional Use Permit (PLN-2022-85) – Medical Services, Clinic Use 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: 9:00 AM – 7:00 PM, Tuesday through Sunday Business/Public: 10:00 AM – 6:00 PM, Tuesday through Sunday 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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 Planning Commission Resolution No. 4659 Page 3 of 4 1640 S. Bascom Avenue Conditional Use Permit (PLN-2022-85) – Medical Services, Clinic Use 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. 9. 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. 10. 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. 11. Revocation of Permit: Operation of a medical services, clinic use pursuant to the Conditional Use Permit 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. PUBLIC WORKS 12. The scope of this project triggers the requirement for Frontage Improvements as required by Campbell Municipal Code 11.24.040. The scope of this project triggers the requirement for public improvements as required by Campbell Municipal Code 11.24.040. In lieu of constructing an ADA compliant driveway along Hamilton Avenue frontage or ADA compliant curb ramp at the southeast corner of Hamilton Avenue and South Bascom Avenue, the applicant shall pay $30,000 towards the following ADA improvements at the southeast corner of Bascom Avenue and Hamilton Avenue: Planning Commission Resolution No. 4659 Page 4 of 4 1640 S. Bascom Avenue Conditional Use Permit (PLN-2022-85) – Medical Services, Clinic Use a. Construction of ADA compliant curb ramp. b. Installation of truncated domes at the right turn channelized island (“pork chop island”). 13. Encroachment Permit / Fees / Deposits: Any work in the public right-of-way will require an encroachment permit. 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 an encroachment permit for construction of the standard public street improvements.