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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). Planning Commission Resolution No. 3905 PLN2008-95 -14589 S. Bascom Avenue - Use Permit - Medical Office Use Page 2 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 Planning Commission Resolution No. 3905 PLN2008-95 - 14589 S. Bascom Avenue - Use Permit - Medical Office Use Page 3 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. Planning Commission Resolution No. 3905 PLN2008-95 - 14589 S. Bascom Avenue - Use Permit - Medical Office Use Page 4 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 Planning Commission Resolution No. 3905 PLN2008-95 - 14589 S. Bascom Avenue - Use Permit - Medical Office Use Page 5 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. Planning Commission Resolution No. 3905 PLN2008-95 - 14589 S. Bascom Avenue - Use Permit - Medical Office Use Page 6 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. Planning Commission Resolution No. 3905 PLN2008-95 - 14589 S. Bascom Avenue - Use Permit - Medical Office Use Page 7 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 Planning Commission Resolution No. 3905 PLN2008-95 - 14589 S. Bascom Avenue - Use Permit - Medical Office Use Page 8 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