PC Res 4681RESOLUTION NO. 4681
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING APPROVAL OF A CONDITIONAL
USE PERMIT (PLN-2023-41) TO ALLOW A CHANGE OF USE FROM AN
EXISTING “PERSONAL SERVICES” USE (BEAUTY SPA AND HAIR
STYLIST) TO A “MEDICAL SERVICES, CLINIC” USE (PLASTIC
SURGERY) WITHIN AN EXISTING MULTI-TENANT COMMERCIAL
BUILDING ON PROPERTY LOCATED AT 1402 CAMDEN 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-2023-41:
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 16,117 square-foot parcel located on the southeast
corner of Camden Avenue and Erin Way, and was annexed into the City of Campbell in
2013.
3. The Project Site is currently developed with a single-story 5,060 square-foot commercial
building, with four (4) tenant spaces that include a mix of commercial uses including a
beauty spa, hair salon, and two restaurants.
4. The Project Site is located within a commercial corridor along a Class I Arterial Street
(Camden Avenue) which includes a mix of general commercial uses including
restaurants, personal services, and professional offices. Low density residential land
uses occur just outside the commercial corridor and abut the Project Site to the north.
5. The applicant is requesting approval of a Conditional Use Permit to allow a change of
use from an existing “personal services” use (beauty spa and hair stylist) to a “medical
services, clinic” use (plastic surgery) within an existing multi-tenant commercial building.
6. The proposal was deemed complete on April 28, 2023, and therefore was reviewed
under the previous General Plan and Zoning Code, pursuant to CMC Sec. 21.01.050.E.
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7. The proposed use of the Project Site as a “medical services, clinic” use is allowed within
the C-2 Zoning District through the approval of a conditional use permit as described in
Campbell Municipal Code Sec. 21.10.050 (C-2 [General Commercial] zoning district).
The project proposes to operate a plastic surgery office without outpatient care as
described in the Project Description included in the June 13, 2023, Staff Report as Exhibit
C, which constitutes a "medical services, clinic" per the Campbell Municipal Code.
"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.
Attachment A
Planning Commission Resolution No. 4681 Page 2 of 4
1402 Camden Avenue
Conditional Use Permit (PLN-2023-41) – Eric Li Plastic Surgery
8. The business would operate between 9:00 A.M. and 5:30 P.M. Monday through Friday
for customer serving hours. Customers shall be seen by appointment only.
9. The site provides approximately 25 parking stalls which are shared between the four
tenants. Based on the tenant uses, there is a deficiency of 5 stalls. A reciprocal
agreement recorded with the County of Santa Clara, however, provides for a shared
parking and access agreement between the Project Site and the neighboring property to
the south (1450 Camden Avenue) which provides an additional 38 parking stalls.
Together, the sites provide a combined total of 63 parking stalls, which satisfies the
parking requirements of the all the existing tenants and the proposed medical services,
clinic use.
10. Allowing a plastic surgery office will satisfy the purpose/intent of the General Commercial
General Plan land use designation which, as noted, is intended support a variety of uses,
and retain businesses within Campbell. The applicant’s proposal may also be found to
further the following General Plan policies and strategies:
Policy LUT-13.1: Variety of Uses: Attract and maintain a variety of uses that create an economic
balance within the City while maintaining a balance with other community land use
needs, such as housing and open space, and while providing high quality services
to the community.
Strategy LUT-13.1: Business Retention and Attraction: Develop programs to retain and attract
businesses that meet the shopping and service needs of Campbell residents.
11. Approval of a Conditional Use Permit shall supersede all prior land use entitlements
related to the subject property except as specified within the reciprocal easement
agreement for ingress, egress, and parking, recording with the County of Santa Clara
on November 5, 2008 (Document 20038244), and included as Exhibit D in the June 13,
2023, Staff Report.
12. In review of 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.
14. There is a reasonable relationship and a rough proportionality between the Conditions
of Approval and the impacts of the project.
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. No substantial evidence has been presented from which a reasonable argument could
be made that shows that the project, as currently presented and subject to the required
conditions of approval, will have a significant adverse impact on the environment;
Planning Commission Resolution No. 4681 Page 3 of 4
1402 Camden Avenue
Conditional Use Permit (PLN-2023-41) – Eric Li Plastic Surgery
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 Campbell Municipal Code;
3. The proposed use is consistent with the General Plan;
4. 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;
5. 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;
6. 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;
7. 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):
8. 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.
9. 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.
Planning Commission Resolution No. 4681 Page 4 of 4
1402 Camden Avenue
Conditional Use Permit (PLN-2023-41) – Eric Li Plastic Surgery
THEREFORE, BE IT RESOLVED that the Planning Commission grants approval of a
Conditional Use Permit (PLN-2023-41) to allow a change of use from an existing “personal
services” use (beauty spa and hair stylist) to a “medical services, clinic” use (plastic surgery)
within an existing multi-tenant commercial building on property located at 1402 Camden
Avenue, subject to the attached Conditions of Approval (attached Exhibit A).
PASSED AND ADOPTED this 13th day of June, 2023, by the following roll call vote:
AYES: Commissioners: Fields, Ching, Ostrowski, Buchbinder, Zisser, Kamkar, Krey
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
APPROVED:
Adam Buchbinder, Chair
ATTEST:
Rob Eastwood, Secretary
Adam Buchbinder (Jul 3, 2023 23:13 PDT)
EXHIBIT A
CONDITIONS OF APPROVAL
Conditional Use Permit
(PLN-2023-41)
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
1. Approved Project: Approval is granted for a Conditional Use Permit (PLN-2023-41) to
allow a change of use from an existing “personal services” use (beauty spa and hair
stylist) to a “medical services, clinic” use (plastic surgery office) within an existing multi-
tenant commercial building on property located at 1402 Camden Avenue. The project
shall substantially conform to the Project Description and Project Plans included as
Attachments B and C in the June 13, 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 approved herein ("Approval")
shall be valid for one (1) year from the effective date of Planning Commission approval
(expiring June 13, 2024). Within this one-year period a Building Permit for the project
must be issued pursuant to CMC Sec. 21.56.030.B.1. Failure to meet this deadline or
expiration of an issued Building Permit shall result in the Approval being rendered void.
Once established, this Approval shall be valid in perpetuity on the Project Site, subject
to continued operation of the use. Discontinuation of the use for a continuous period of
twelve months shall void the Approval upon an affirmative determination by the
Planning Commission in a public hearing that the use has been discontinued.
3. Planning Final Required: Planning Division clearance is required prior to Building Permit
final. Construction not in substantial compliance with the approved project plans shall not
be approved without prior authorization of the necessary approving body.
4. Timely Completion: Once under construction it shall be the obligation of the property
owner and contractor to demonstrate continued progress on the project. In the event the
building permit expires, the City may impose fines or exercise administrative remedies
to compel timely completion of work.
5. Plan Revisions: The construction plans submitted for a building permit shall incorporate
the following. The Conditions of Approval shall be printed on a separate sheet behind
the cover sheet.
Planning Commission Resolution No. 4681 Page 2 of 5
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Conditional Use Permit (PLN-2023-41) – Eric Li Plastic Surgery
a. Landscaping: Depict a minimum of eight (8) trees per parking space on the
project site.
b. Circulation: Update the site plan to include painted arrows and signage located
at the property lines indicating which drive aisles are one-way, and which are
two-way.
c. Signage: Include signage that notifies patrons of the reciprocal parking
agreement, which allows patrons to park in the 1450 Camden parking lot.
6. Operational Standards: Consistent with the submitted Project Description and City
standards, a medical services, clinic pursuant to this Approval 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. Approved Use: The approved use is a "medical services, clinic" as defined by the
Campbell Municipal Code, and as limited by the operational standards listed herein.
At no time shall the use be operated as a "medical services, extended care".
b. Maximum Occupancy: A maximum of seven (7) procedure rooms shall be permitted
within the medical services clinic, subject to the applicable restrictions of the
California Building Code (CBC).
c. Business License: The business shall be required to obtain and maintain a City
business license at all times.
d. 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.
e. Licensed Medical Professionals: All procedures involving penetration of skin (e.g.,
injections and drips) are required to be performed solely by licensed medical
professionals.
f. Hours of Operation: The approved medical services, clinic may operate between
the hours of 8:00 A.M. and 7:00 P.M. Monday through Friday.
g. Trash Disposal and Clean-Up: Refuse and recycling receptacles shall be kept
within the enclosure except during collection in compliance with Chapter 6.04 of the
Campbell Municipal Code. All trash disposal, normal clean-up, carpet cleaning,
window cleaning, sidewalk sweeping, etc. shall occur during the "operational
hours."
h. 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.
i. Smoking: "No Smoking" signs shall be posted on the premises in compliance with
CMC Section 6.11.060.
Planning Commission Resolution No. 4681 Page 3 of 5
1402 Camden Avenue
Conditional Use Permit (PLN-2023-41) – Eric Li Plastic Surgery
j. Loitering: There shall be no loitering allowed outside the business. The business
owner is responsible for monitoring the premises to prevent loitering, including
contacting the Police Department as necessary to enforce this requirement.
k. Noise: Regardless of decibel level, no noise generated by the approved shall
obstruct the free use of neighboring properties so as to unreasonably interfere with
the comfortable enjoyment of the neighboring residents. In the event verified
complaints are received by the City regarding such noise, the Community
Development Director may immediately curtail the Hours of Operation and/or
commence revocation proceedings pursuant to Condition of Approval No. 12
(Revocation of Permit). The following restrictions shall also be adhered to limit
potential noise impacts:
a. Doors shall remain closed at all times and will not be propped open to
contain interior noise.
b. Deliveries shall be restricted to between the hours of 8:00 AM and 8:00 PM.
l. Outdoor Storage: No outdoor storage is permitted on the subject property. No
equipment, materials, and/or refuse stored outside the building or within the
adjacent parking lot area.
m. Outdoor Display: No outdoor display of merchandise is allowed on the subject
property.
n. Lighting: On-site lighting shall be shielded away from adjacent properties and
directed on-site. The final design and type of lighting fixtures and lighting intensity of
any proposed exterior lighting for the project shall be reviewed and approved by the
Community Development Director for compliance with the City of Campbell Lighting
Design Standards (CMC Sec. 21.18.090).
o. Façade: Facades shall maintain floor to ceiling windows, which shall be kept clear
of any obstructions, excluding shade providing window treatments such as blinds
and curtains which shall obscure no more than 40% of the window area, to provide
an inviting and attractive setting for pedestrians.
p. 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.
7. 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.
8. Landscape Maintenance: All landscaped areas shall be continuously maintained in
accordance with City Landscaping Requirements (CMC 21.26). Landscaped areas shall
Planning Commission Resolution No. 4681 Page 4 of 5
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Conditional Use Permit (PLN-2023-41) – Eric Li Plastic Surgery
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.
9. 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.
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. Construction Activities: The applicant shall abide by the following requirements during
construction:
a. The Project Site shall be posted with the name and contact number of the lead
contractor in a location visible from the public street prior to the issuance of
building permits.
b. Construction activities shall be limited to weekdays between 8:00 a.m. and
5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction
shall take place on Sundays or holidays unless an exception is granted by the
Building Official.
c. All construction equipment with internal combustion engines used on the
Project Site shall be properly muffled and maintained in good working
condition.
d. Unnecessary idling of internal combustion engines shall be strictly prohibited.
e. All stationary noise-generating construction equipment, such as air
compressors and portable power generators, shall be located as far as
possible from noise-sensitive receptors such as existing residences and
businesses.
f. Use standard dust and erosion control measures that comply with the adopted
Best Management Practices for the City of Campbell.
12. Revocation of Permit: Operation of a medical services, clinic use pursuant to this
Approval 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 twelve (12)
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. The Director may also at
Planning Commission Resolution No. 4681 Page 5 of 5
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Conditional Use Permit (PLN-2023-41) – Eric Li Plastic Surgery
such time immediately restrict the establishment's hours of operation. In exercising this
authority, the decision-making body may consider the following factors, among others:
a. The number and types of Police Department calls for service at or near the
establishment that are reasonably determined to be a direct result of customer
and/or employee actions;
b. The number of complaints received from residents, business owners and other
citizens concerning the operation of an establishment regarding, noise, and/or
other operational impacts; and
c. Violation of conditions of approval.
Building Division
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. Plan Revisions: Upon submittal for a Building Permit, include the following:
a. Fire Safety Exit Plan: State if the building is equipped with a fire sprinkler
system, show the placement of exit signs, emergency lighting, exterior
emergency lighting at the exit doors, alarm panels, fire extinguishers, HVAC
smoke detection, and any other suppression elements. Specify door locks and
panic hardware per CBC 1010.1.9.
b. Accessibility Plan: Show the Accessible Path of Travel from the sidewalk,
parking, into the building, continue the path to the reception area, and the
restroom, and any lounges, break rooms or communal employee areas. Show
signage placement. Note the counter top heights in all areas. Show a detail of
the restrooms that includes grab bars, mirrors, heights, and specific
dimensioning. Identify the Accessible waiting area. Identify the Accessible
employee common areas such as break rooms or meeting rooms where the
counters, storage cabinets, sinks, and electrical devices are within reach
ranges.
Resol 4681 ~ 1402 Camden Ave
Final Audit Report 2023-07-04
Created:2023-06-19
By:Ken Ramirez (kenr@campbellca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAnG436oVSp7i5P98bGg-xwbYOOiqnutbg
"Resol 4681 ~ 1402 Camden Ave" History
Document created by Ken Ramirez (kenr@campbellca.gov)
2023-06-19 - 6:48:52 PM GMT
Document emailed to Rob Eastwood (robe@campbellca.gov) for signature
2023-06-19 - 6:49:24 PM GMT
Email viewed by Rob Eastwood (robe@campbellca.gov)
2023-06-19 - 8:39:09 PM GMT
Document e-signed by Rob Eastwood (robe@campbellca.gov)
Signature Date: 2023-06-19 - 8:39:18 PM GMT - Time Source: server
Document emailed to abuchbinder@google.com for signature
2023-06-19 - 8:39:19 PM GMT
Email viewed by abuchbinder@google.com
2023-07-04 - 6:12:42 AM GMT
Signer abuchbinder@google.com entered name at signing as Adam Buchbinder
2023-07-04 - 6:13:17 AM GMT
Document e-signed by Adam Buchbinder (abuchbinder@google.com)
Signature Date: 2023-07-04 - 6:13:19 AM GMT - Time Source: server
Agreement completed.
2023-07-04 - 6:13:19 AM GMT