PC Res 3834
RESOLUTION NO. 3834
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2007-119) FOR A CHANGE IN USE TO ALLOW THE
ESTABLISHMENT OF A CHIROPRACTIC OFFICE ON PROPERTY
OWNED BY STROMIGA LOCATED AT 2155 S. BASCOM AVENUE IN
A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT.
APPLICATION OF DR. ANNE TAKATA. FILE NO: PLN2007-119.
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 PLN2007-119.
1. The proposed chiropractic office (medical office) is consistent with the General
Commercial General Plan land use designation.
2. The proposed chiropractic office (medical office) will be compatible with the C-2
(General Commercial) zoning designation with approval of a Conditional Use Permit.
3. The project site consists of a 661 square foot chiropractic office in an existing multi-
tenant profession office building.
4. The project site is located on the west side of South Bascom Avenue between
Campbell Avenue and Apricot Avenue. The property is surrounded by commercial
uses to the north and east, residential uses to the west and residential/commercial
uses to the south.
5. The proposed project is consistent with other developments and uses in the
surrounding area.
6. No exterior modifications to the building are proposed in conjunction with the proposed
chiropractic office.
7. The hours of operation shall be restricted to 6:00 a.m. to 11 :00 p.m., Monday through
Sunday.
8. The hours the business may be open to the public shall be restricted to 7:00 a.m. to
10:00 p.m., Monday through Sunday.
9. The project qualifies as a Categorically Exempt project per Section 15301, Class 1
(Existing Facilities) of the California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
Planning Commission Resolution No. 3834
PLN2007-119 - 2155 S. Bascom Avenue, Suite 110 - Use Permit - Chiropractic Office
Page 2
1. The proposed project is consistent with the General Plan.
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 Municipal Code.
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.
7. 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.
8. There is a reasonable relationship and a rough proportionality between the conditions
of approval and the impacts of the project.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2007-119) for a change in use to allow the establishment of a chiropractic
office on property owned by Stromiga located at 2155 S. Bascom Avenue, Suite 110 in a
C-2-S (General Commercial) Zoning District.
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.
Planning Commission Resolution No. 3834
PLN2007-119 - 2155 S. Bascom Avenue, Suite 110 - Use Permit - Chiropractic Office
Page 3
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1. Declaration of Acceptance of All Conditions: Within thirty (30) days of Community
Development Director Approval, the applicant shall sign the final, approved set of
Conditions of Approval. Until said Conditions are signed, the proposed Conditional
Use Permit shall not be valid for any permits sought from the City.
2. Approved Project: Approval is granted for a Conditional Use Permit (PLN2007-119) for
a change of use from professional office suite to a medical office suite (chiropractic
office) located at 2155 S. Bascom Avenue, Suite #110 only. The project shall
substantially conform to the project plans and project description received by the
Planning Division on August 01,2007, except as may be modified by the conditions of
approval contained herein.*
* Planning sign off is required to 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.
3. Conditional Use 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,
the use must be established on the property and the conditions of approval satisfied.
Failure to meet this deadline will result in the Conditional Use Permit being void.
4. 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.
5. Operational Hours: The hours of operation shall be restricted to 6:00 a.m. to 11 :00
p.m., Monday through Sunday. At no time shall business related activity occur between
the hours of 11 :00 p.m. and 6:00 a.m.
6. Business Hours: The hours of business may be open to the public shall be restricted to
7:00 a.m. to 10:00 p.m., Monday through Sunday.
7. Massaoe Services: A valid Massage Therapist Permit issued by the Campbell Police
Department is required for any person who provides massage services within the City
of Campbell. The requirement to obtain a Massage Therapist includes both employees
and independent contractors.
8. 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.
Planning Commission Resolution No. 3834
PLN2007-119 - 2155 S. Bascom Avenue, Suite 110 - Use Permit - Chiropractic Office
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9. Sionaoe: No signage is approved as part of the development application approved
herein. All signage shall be installed and maintained consistent with the provision of
the Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code.
10. Location of Mechanical Eauipment: 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.
11. Trash & Clean Up: Trash and clean up shall not be done in the late evening or early
morning hours. All trash and clean up shall be done between 6:00 a.m. and 11 :00 p.m.
daily.
12. Noise:
a. Noise Standard: Any noises, sounds and/or voices, including but not limited to
amplified sounds, loud speakers, sounds from audio sound systems, and/or music,
generated by the subject use shall not be audible to a person of normal hearing
capacity from any residential property. Public address systems of all types are
strictly prohibited.
b. Noise Manaoement: In the event complaints are received by the City regarding
noise, the Community Development Director may immediately modify the hours of
operation and/or limit the extended hours of operation, subject to the project being
brought back to the Planning Commission for review.
13. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done in
the late evening or early morning hours. All clean up shall be done between 6:00 a.m.
and 11 :00 p.m. daily.
14. Parkino and Drivewavs: All parking and driveway areas shall be maintained in
compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell
Municipal Code. A total of 505 parking spaces will be provided.
Building Division:
15. Permits Reauired: A building permit application shall be required for the proposed
change in use in an existing commercial structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
16. Construction Plans: The conditions of approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
Planning Commission Resolution No. 3834
PLN2007-119 - 2155 S. Bascom Avenue, Suite 110 - Use Permit - Chiropractic Office
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17. Size of Plans: The size of construction plans submitted for building permits shall be 24
inches by 36 inches.
18. 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.
19. Site Plan: Application for building permit shall include a competent site plan that
identifies property and proposed structures with dimensions and elevations as
appropriate. The site plan shall also include site drainage details, site address, and
parcel numbers. Site parking and path of travel to public sidewalks shall be detailed.
20. Title 24 Enerav 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.
21. 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.
22. Non-Point Source: 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.
23. 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.
24. Title 24 Accessibilitv - 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.
25. PG&E: Applicant is advised to contact Pacific Gas and Electric Company as early as
possible in the approval process. Service installations, changes, and/or relocations
may require substantial scheduling time and can cause significant delays in the
approval process. Applicant should also consult with P. G. & E. concerning utility
easements, distribution pole locations and required conductor clearances.
26. Approvals Reauired: 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
Planning Commission Resolution No. 3834
PLN2007-119 - 2155 S. Bascom Avenue, Suite 110 - Use Permit - Chiropractic Office
Page 6
PASSED AND ADOPTED this 11th day of September, 2007, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
J
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Ebner, Gibbons and Rocha
None
Roseberry
None
APPROVED:
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