PC Res 3905
RESOLUTION NO. 3905
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL GRANTING APPROVAL OF A CONDITIONAL
USE PERMIT (PLN2008-95) TO ALLOW A CHANGE OF USE FROM
PROFESSIONAL OFFICE USE TO MEDICAL OFFICE USE FOR
HYPERBARIC CHAMBER TREATMENT IN AN EXISTING BUILDING
ON PROPERTY OWNED BY MS. DEBORAH FOLLMAR LOCATED AT
14589 S. BASCOM AVENUE IN A C-2-S (GENERAL COMMERCIAL)
ZONING DISTRICT. APPLICATION MR. JAMES BALDWIN. FILE NO.:
PLN2008-95.
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 PLN2008-95.
1. The proposed medical use (hyperbaric treatment chambers) is consistent with the
General Commercial 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 a 0.37 gross acre parcel currently developed with a single
story office building.
4. The project provides 11 parking spaces where a minimum of 11 parking spaces are
required with the approval of a parking adjustment allowing three rows of tandem
parking spaces to the rear of the office building.
5. The subject property is located on the west side of S. Bascom Avenue between Mozart
Avenue and White Oaks Road.
6. The site is currently improved with a single story office building that was converted from
a residential use while under the jurisdiction of the County of Santa Clara. The property
was annexed into the City of Campbell in November 2006 and is zoned P-O
(Professional Office). The project is surrounded by multiple family residential to the
north, medical offices to the south, medical offices and single family residential to the
west, and single family residential to the east.
7. The proposed project is consistent with other developments and uses in the
surrounding area.
8. The hours of operation shall be restricted to 8:00 a.m. to 8:00 p.m., Monday through
Saturday, exclusive of the customary and reasonable use of the medical office (non-
customer related).
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9. The project qualifies as a Categorically Exempt project per Section 15332, Class 32 of
the California Environmental Quality Act (CEQA), pertaining to projects characterized
as in-fill development.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
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 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.
8. 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.
9. There is a reasonable relationship and a rough proportionality between the conditions
of approval and the impacts of the project.
10. 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 approval of a
Conditional Use Permit (PLN2008-95) to allow a change of use from professional office to
medical office use for hyperbaric chamber treatment in an existing building on property
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PLN2008-95 - 14589 S. Bascom Avenue - Use Permit - Medical Office Use
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owned by Ms. Deborah Follmar located at 14589 S. Bascom Avenue 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.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
1. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning
Commission approval, the applicant shall sign the final, approved set of Conditions of
Approval. Until said Conditions are signed, the proposed Use Permit shall not be valid
for any permits sought from the City.
2. Approved Project: Approval is granted for a Conditional Use Permit (PLN2008-95) to
allow a change of use from professional office use to medical office use limited to
hyperbaric chamber treatment in an existing building located at 14589 S. Bascom
Avenue. The project shall substantially conform to the project plans and project
description as specified below, except as may be modified by the conditions of
approval contained herein.
a. Revised Project Plans (PLN2008-95), stamped as received by the Community
Development Department on August 1, 2008.
b. Operational Statement (PLN2008-96), stamped as received by the Community
Development Department on June 20,2008.
3. Plannino Final Required: 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.
4. 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.
5. 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.
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6. Operational Hours: The hours of operation shall be restricted to 8:00 a.m. to 8:00 p.m.,
daily, 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. Mechanical equipment used in the operation of the
hyperbaric chambers shall be operated only between the hours of 8:00 a.m. to
8:00 p.m. daily.
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.
8. Sianaae: 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.
9. 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.
10. Outdoor Storaae: 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.
11. Landscape Plan: The applicant shall submit two copies of a landscape plan, prior to the
issuance of building permits, for review and approval by the Community Development
Director. The plan shall show the type of trees, size of trees and tree planting detail
and irrigation details. The landscape plan shall substantially conform to the approved
site plan and the City's Water Efficient Landscaping Standards (WELS) and shall
include the installation of suitable vegetative ground cover (of a type that is not
detrimental to the health of the oak tree) in the front yard area. The additional
landscaping shall be installed prior to the final inspection completed by the Planning
Department
12. Landscape Maintenance: The owner/operator of the property shall provide on-going
maintenance of the existing on-site landscaping.
13. On-Site Liohtino: 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.
14. Trash Enclosure: The applicant shall submit a revised site plan showing the storage
location of all trash receptacles or showing the location of a trash enclosure to the
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Planning Division, prior to the issuance of building permits, for review and approval by
the Community Development Director. The owner shall construct and maintain the
trash enclosure, if necessary, to accommodate all dumpsters and recycling bins on site
per City collection standards. The trash enclosure shall be locked at all times when
closed for business, outside of the trash pick up days.
15. Location of Mechanical Eauipment: No roof-mounted mechanical equipment (Le. 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.
16. 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.
17. 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.
18. 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 11 parking spaces will be provided.
19. Construction Activities: The applicant shall abide by the following requirements during
construction:
a. 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.
b. Truck routes to and from the construction site should be established and submitted
to the City for review and approval prior to issuance of a building permit. These
truck routes shall avoid access to the project site via residential streets where
possible.
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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. Prior to the issuance of building permits, the project site shall be posted with the
name and contact number of the lead contractor and construction hours in a
location visible from the public street so that the contractor can be made aware of
noise complaints.
g. Construction equipment, vehicles, and workers associated with the development of
the project shall not be permitted to park on any residential streets.
h. Use dust-proof chutes for loading construction debris onto trucks.
i. Water or cover stockpiles of debris, soil, and other materials that can be blown by
the wind.
j. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to
maintain at least two feet of freeboard.
k. Sweep daily (with water sweepers) all paved access roads, parking areas, and
staging areas at the construction site.
I. Sweep streets daily (with water sweepers) if visible soil material is carried onto
adjacent public streets, as directed by the City Engineer.
m. Enclose, cover, water twice daily or, or apply (non-toxic) soil stabilizers to exposed
stockpiles (dirt, sand, etc.).
Building Division:
20. Permits Required: A building permit application shall be required for the proposed
change in use from general commercial to new medical office use. The building permit
shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit.
21. Construction Plans: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
22. Size of Plans: The size of construction plans submitted for building permits shall be 24
inches by 36 inches.
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23. 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.
24. 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.
25. Title 24 Eneroy 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.
26. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, 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 C.B.C Appendix Chapter 1, Section 106. Please obtain City of
Campbell, Special Inspection forms from the Building Inspection Division Counter.
27. 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.
28. 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.
29. 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.
30. 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.
31. 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
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32. Medical Office Wirino: Please be advised that electrical wiring requirements are more
restrictive for medical offices than non-medical office use.
Fire Department:
33. Material Storaoe: In an unsprinklered building, the Maximum Allowable Quantity of
oxidizing gas is limited to 1,500 cubic feet per control area.
34. Material Placards: NFPA 74 may require placards to be posted on the building.
PASSED AND ADOPTED this 1ih day of August, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Ebner, Gairaud, Gibbons, Rocha and Roseberry
Doorley
Alderete
None
APPROVED: ~~
Bob Roseberry, hair
ATTEST:~ J::~
Sharon Fierro, Secretary