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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: