PC Res 3474RESOLUTION NO. 3474
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2002-
123) TO A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT
(UP 98-02) TO ALLOW THE ESTABLISHMENT OF A 8,500 SQUARE
FOOT MENTAL HELATH SERVICES CLINIC AND A 2,100 SQUARE
FOOT PHARMACY IN AN EXISTING BUILDING ON PROPERTY
OWNED BY LEGACY RECP II HACIENDA OPCO, LLC. LOCATED
AT 200 E. HACIENDA AVENUE IN A C-M (CONTROLLED
MANUFACTURING) ZONING DISTRICT. APPLICATION OF MR.
RAY ANDREWS, ON BEHALF OF KAISER PERMANENTE. FII.E
NO. PLN2002-123.
After notification and public hearing, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application PLN2002-123:
1. The proposed project consists of the establishment of an 8,500 square foot Mental Health
Services Clinic and a 2,100 square foot pharmacy in an existing building.
2. The development of the proposed project will result in a use that is consistent with the
General Plan land use designation of Research and Development for this area.
o
The provision of a Mental Health Services Clinic and pharmacy for a major health
maintenance organization in a location central to Campbell and near a major bus corridor is
desirable to the public convenience and welfare of the citizens and workers of Campbell.
The proposed use is at the intersection of an arterial and a commercial/industrial collector,
which have adequate capacity for the proposed use.
The proposed project is well designed and is architecturally compatible with the surrounding
neighborhood.
The proposed project is consistent with other developments in the surrounding area and is
consistent with the development standards for medical clinic uses.
°
The proposed mental health services clinic is a unique type of medical clinic because the
providers see only 8-10 appointments per day with visits lasting from 45 minutes to 11/2
hours. Although there may be some overlap between patients when they are leaving and
arriving and in some cases couples or families may use two cars to get to a shared
appointment, the standard requirement of six spaces per provider may be excessive and an
adjustment in the required number of spaces is warranted for this project.
Planning Commission Resolution No. 3474
PLN2002-114 - 200 E. Hacienda Avenue -Modification to Use Permit - Kaiser
Page 2
8. The existing parking will adequately meet the demands generated by the change in use, and
will not be detrimental to the overall parking and circulation in the area.
9. The proposed use does not emit dust, fumes, glare, heat, liquids, noise, odor, smoke, steam,
vibration or other such items, which create nuisances for the surrounding uses.
10. The project qualifies as Categorically Exempt under Section 15303, Class 1 of the California
Environmental Quality Act (CEQA) pertaining to interior and exterior alterations to existing
structures.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed development and uses clearly will result in a more desirable environment and
use of the land than would be possible under any other zoning classification.
2. The development and uses will be compatible with the General Plan of the City and will aid
in the harmonious development of the immediate area.
3. The proposed use will not be detrimental to the health, safety, peace, morals, comfort 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.
4. The proposed site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic such use would generate.
5. The proposed site is adequate in size and shape to accommodate the yards, walls, fences,
parking and loading facilities, landscaping and other development features required in order
to integrate the use with uses in the surrounding area.
6. 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.
7. There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission grants a Modification
(PLN2002-123) to a previously approved Conditional Use Permit (UP98-02) to allow the
establishment of an 8,500 square foot Mental Health Services Clinic and a 2,100 square foot
pharmacy in an existing building on property owned by Legacy RECP II Hacienda OPCO, LLC,
located at 200 E. Hacienda Avenue, subject to the following conditions:
Planning Commission Resolution No. 3474
PLN2002-114 - 200 E. Hacienda Avenue - Modification to Use Permit - Kaiser
Page 3
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. Proiect Approval: Approval is granted for a Modification (PLN2002-123) to a previously
approved Conditional Use Permit (UP 98-02) allowing the establishment of a 8,500 square
foot Mental Health Services Clinic and a 2,100 square foot pharmacy in an existing building
on property located at 200 E. Hacienda Avenue, consisting of tenant improvements. The
building and interior floor plans shall substantially conform to the set of plans submitted by
Cuschieri Horton Architects on October 8, 2002, including building elevations, floor plans
and site plan, except as may be modified by the Conditions of Approval herein.
2. Building Use Limited to Mental Health Services Clinic: The building may only be occupied
by a Mental Health Services Clinic with a maximum of 10 practitioners (i.e. Psychiatrists,
Psychologists or Licensed Clinical Social Workers) seeing patients at any one time.
Occupation by additional practitioners or other medical departments or non-mental health
practitioners requires a Modification to the Conditional Use Permit.
3. Pharmacy Use Limited to Mental Health Services Clinic: The pharmacy shall be used only
for dispensing prescriptions to patients of the Mental Health Services Clinic.
Group Sessions: Small group sessions shall have less than ten participants and shall be
conducted only between 7:00 a.m. and 7:00 p.m. There shall be no more than one small
group session at a time between the hours of 7:00 a.m. and 4:00 p.m. Medium group sessions
shall have no more than twenty participants and shall be conducted only between 4:00 p.m.
and 7:00 p.m. There shall be no more than one medium group session at a time between the
hours of 4:00 p.m. and 7:00 p.m. There shall be no more than two group sessions (e.g. one
small and one medium) at a time between the hours of 4:00 p.m. and 7:00 p.m.
5. Operating Hours: The operational hours shall be limited to 7 a.m. to 7 p.m. daily.
o
Modification to a Previously Approved Conditional Use Permit Approval: The Modification
to a Previously Approved Conditional Use Permit approval shall be valid for a period of one
year from the date of final approval. Within this one-year period, a building permit must be
obtained and construction completed one year thereafter or the Conditional Use Permit shall
be void.
Planning Commission Resolution No. 3474
PLN2002-114 - 200 E. Hacienda Avenue - Modification to Use Permit - Kaiser
Page 4
Signage: No signage is approved as part of the development applications approved herein.
Signing shall comply with the approved Sign Program for Vasona Technology Park. No sign
shall be installed until a Sign Permit is approved as specified in the Sign Ordinance.
o
Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any
standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of
revocation of the Conditional Use Permit by the Planning Commission.
Building Division:
o
Permits Required: A building permit application shall be required for the proposed tenant
improvements. The building permit shall include Electrical/Plumbing/Mechanical fees when
such work is part of the permit.
10. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
11. Size of Plans: The minimum size of construction plans submitted for building permits shall
be 24 in. x 36 in.
12. Plan Preparation: 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.
13. 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 shall also be clearly
called out.
14. 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.
15. Special Inspections: When a special inspection is required by U.B.C. Section 1701, 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 U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from
the Building Inspection Division Counter.
16. Water Pollution: 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.
17. 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.
Planning Commission Resolution No. 3474
PLN2002-114 - 200 E. Hacienda Avenue - Modification to Use Permit - Kaiser
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18. Title 24 Accessibility - Commercial: Projects seeking to use the Title 24 Hardship exemption
clause shall blue-line completed, City of Campbell "20%" exemption form on submitted
construction plans. Form is available at Building Division service counter.
19. Approvals Required: The project requires the following agency approval prior to issuance of
the building permit:
a. West Valley Sanitation District
b. Santa Clara County Fire Department
c. Santa Clara County Department of Environmental Health
PASSED AND ADOPTED this 26th day of November, 2002, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Francois, Hernandez, Jones and Rocha
None
Gibbons
None ~
APPRO~ To~ ~}ancois, Chair
ATTEST:
S~aron Fierro, Secretary