PC Res 3856
RESOLUTION NO. 3856
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING A CONDITIONAL USE PERMIT
(PLN2007-155) FOR A CHANGE OF USE FROM PROFESSIONAL
OFFICE TO MEDICAL OFFICE FOR AN EXISTING OFFICE
BUILDING ON PROPERTY OWNED BY PAUL AND HELEN
MIDDIONE LOCATED AT 80 E. HAMILTON AVENUE IN A P-O
(PROFESSIONAL OFFICE) ZONING DISTRICT. APPLICATION OF
DR. MELODY L YND. FILE NO.: PLN2007-155.
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 PLN2007-155.
1. The proposed medical use (plastic surgery clinic) is consistent with the Professional
Office General Plan land use designation.
2. The proposed medical use will be compatible with the P-O (Professional Office) zoning
designation with approval of a Conditional Use Permit.
3. The project site consists of an existing 1,531 square foot office building.
4. The project provides 8 parking spaces and a minimum of 8 parking spaces are
required.
5. The project site is .39 gross acres and is located on the south side of E. Hamilton
Avenue, between Winchester Boulevard and Esther Avenue. The property is
surrounded by office uses to the north and east, commercial uses to the west and a
medical use to the south.
6. No exterior modifications to the building are proposed in conjunction with the proposed
medical use.
7. The proposed project is consistent with other developments and uses in the
surrounding area.
8. The hours of operation shall be restricted to 9:00 a.m. to 5:00 p.m., Monday through
Friday, exclusive of the customary and reasonable use of the medical office (non-
customer related).
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. 3856
PLN2007-155 - 80 E. Hamilton Avenue
Use Permit - Change of Use from Professional Office to Medical 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 project, as conditioned, will aid in the harmonious development of the
immediate area.
4. The proposed project is well designed and is architecturally compatible with the
surrounding neighborhood.
5. 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.
6. 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.
7. 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.
8. 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.
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.
10. There is a reasonable relationship and a rough proportionality between the conditions
of approval and the impacts of the project.
11. There is a reasonable relationship between the use of the fees imposed upon the
project and the type of development project.
THEREFORE, BE IT RESOLVED that the Planning Commission grants a Conditional Use
Permit (PLN2007-155) for a change of use from Professional Office to Medical Office for
an existing office building on property owned by Paul and Helen Middione located at 80 E.
Hamilton Avenue in a P-O (Professional Office) Zoning District) Zoning District.
Planning Commission Resolution No. 3856
PLN2007-155 - 80 E. Hamilton Avenue
Use Permit - Change of Use from Professional Office to Medical Office
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. Approved Project: Approval is granted for a Conditional Use Permit (PLN2007-155) to
allow a medical use (plastic surgery clinic) located at 80 E. Hamilton Avenue. The
project shall substantially conform to the project plans and project description received
by the Planning Division on September 18, 2007, except as may be modified by the
conditions of approval contained herein.
2. 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.
3. 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.
4. Operational Hours: The hours of operation shall be restricted to 9:00 a.m. to 5:00 p.m.,
Monday through Friday, exclusive of the customary and reasonable use of the medical
office (non-customer related). At no time shall business related activity occur between
the hours of 11 :00 p.m. and 6:00 a.m.
5. 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.
6. Loiterino: There shall be no loitering allowed outside the business in the rear parking
lot or the side parking lot areas. The business owner is responsible for monitoring the
premises to prevent loitering.
7. Outdoor Storaoe: 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.
Planning Commission Resolution No. 3856
PLN2007-155 - 80 E. Hamilton Avenue
Use Permit - Change of Use from Professional Office to Medical Office
Page 4
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.
9. Landscape Maintenance: The owner/operator of the property shall provide on-going
maintenance of the existing on-site landscaping.
10. On-Site Liahtino: Any proposed on-site lighting shall be shielded away from adjacent
properties and directed on site. The design and type of lighting fixtures and lighting
intensity of any exterior lighting shall be reviewed and approved by the Community
Development Director, prior to issuance of a building permit. Lighting fixtures shall be
of a decorative design to be compatible with the development and shall incorporate
energy saving features.
11. 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 8:00 a.m.
and 8:00 p.m. daily.
12. 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 8 parking spaces will be provided.
Building Division
13. Permits Reauired: A building permit application shall be required for the proposed new
tenant improvements to the existing commercial structure for the proposed medical
office use. The building permit shall include Electrical/Plumbing/Mechanical fees when
such work is part of the permit.
14. Construction Plans: The conditions of approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
15. Size of Plans: The size of construction plans submitted for building permits shall be 24
inches by 36 inches.
16. 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.
17. 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.
Planning Commission Resolution No. 3856
PLN2007-155 - 80 E. Hamilton Avenue
Use Permit - Change of Use from Professional Office to Medical Office
Page 5
18. Medical Office Use Reauirements: Applicant is advised that medical offices are subject
to specific electrical code requirements under Article 517 of the California Electrical
Code. The office space in question must comply with Article 517.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. Approvals Reauired: The project requires the following agency approval prior to
issuance of the building permit:
a. West Valley Sanitation District
27. 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. and E. concerning utility
easements, distribution pole locations and required conductor clearances.
FIRE DEPARTMENT
28. Hazardous Materials Compliance Review: Determination of compliance for the
potential use, dispensing, and or storage of hazardous materials is not part of this
review. Questions regarding Hazardous Materials may be directed to the hazardous
materials specialists at (408) 378-4010, extension 20. These issues should be
addressed as soon as possible to prevent plan review, and permit approval delays,
Planning Commission Resolution No. 3856
PLN2007 -155 - 80 E. Hamilton Avenue
Use Permit - Change of Use from Professional Office to Medical Office
Page 6
PASSED AND ADOPTED this 2th day of November, 2007, by the following roll call vote:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Alderete, Doorley, Ebner, Gairaud, Gibbons and
Roseberry
None
Rocha
None
AYES:
Commissioners:
APPROVED:
Bob Roseberry, Actin hair
ATTEST: