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PC Res 3919RESOLUTION NO. 3919 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING APPROVAL OF A CONDITIONAL USE PERMIT (PLN2008-168) TO ALLOW THE ESTABLISHMENT OF A NEW MEDICAL CENTER, UROLOGICAL SURGEONS OF NORTHERN CALIFORNIA, IN AN EXISTING OFFICE BUILDING ON PROPERTY OWNED BY THE MESSINGER 1996 REVOCABLE TRUST LOCATED AT 2165 S. BASCOM AVENUE IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR. BRUCE McFADYEN. FILE NO.: PLN2008-168. 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 PLN2008-168. 1. The proposed medical use (urology/oncology center) is consistent with the General Commercial General Plan land use designation. 2. The proposed medical use will be compatible with the C-2 (General Office) zoning designation with approval of a Conditional Use Permit. 3. The project site consists of a 33,831 sq. ft. parcel, currently developed with a single story office building. 4. The project provides 43 parking spaces, where a minimum of 47 parking spaces are required. The Planning Commission finds that a parking adjustment is warranted due to the specialized nature of the medical use. 5. The subject property is located on the west side of S. Bascom Avenue, north of its intersection with Apricot Avenue. 6. The proposed project is consistent with other developments and uses in the surrounding area. 7. The hours of operation shall be restricted to 7:00 a.m. to 7:00 p.m., Monday through Saturday, exclusive of the customary and reasonable use of the medical office (non- customer related). 8. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 of the California Environmental Quality Act (CEQA), pertaining to minor alterations to existing structures. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Planning Commission Resolution No. 3919 PLN2008-168 - 2165 S. Bascom Avenue -Use Permit -New Medical Center 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 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 (PLN2008-168) to allow the establishment of a new medical center, Urological Surgeons of Northern California, in an existing office building on property owned by The Messinger 1996 Revocable Trust located at 2165 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, Planning Commission Resolution No. 3919 PLN2008-168 - 2165 S. Bascom Avenue -Use Permit -New Medical Center Page 3 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 Division: 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 (PLN2008-168) to allow a change of use from professional office use to medical office use for urology/oncology center in an existing office building located at 2165 S. Bascom Avenue. The project shall substantially conform to the Project Plans and Operational statement stamped as received by the Community Development Department on October 30, 2008, except as may be modified by additional conditions specified herein: 3. Planning 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 two years from the date of final approval. Within this two-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. 6. Operational Hours: The hours of operation shall be restricted to 7:00 a.m. to 7:00 p.m., Monday through Saturday, exclusive of the customary and reasonable use of the medical office (non-customer related). 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. signage: 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. Planning Commission Resolution No. 3919 PLN2008-168 - 2165 S. Bascom Avenue -Use Permit -New Medical Center Page 4 9. Outdoor Storage: 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. 10. Landscape Maintenance: The owner/operator of the property shall provide on-going maintenance of the existing on-site landscaping. ll. On-Site Lighting: 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. 12. Trash Enclosure: The owner shall construct and maintain the trash enclosure, if necessary, to accommodate all dumpsters and recycling bins on site per City collection standards. 13. Location of Mechanical Equipment: 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. 14. 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 Management: 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. 15. 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. 16. Parking and Driveways: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. Planning Commission Resolution No. 3919 PLN2008-168 - 2165 S. Bascom Avenue -Use Permit -New Medical Center Page 5 17. 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. 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: 18. 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. 19. 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. 3919 PLN2008-168 - 2165 S. Bascom Avenue -Use Permit -New Medical Center Page 6 20. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches. 21. 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. 22. 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. 23. Title 24 Energy 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. 24. 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. 25. 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. 26. 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. 27. 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. 28. 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 29. 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 Planning Commission Resolution No. 3919 PLN2008-168 - 2165 S. Bascom Avenue -Use Permit -New Medical Center Page 7 approval process. Applicant should also consult with P. G. & E. concerning utility easements, distribution pole locations and required conductor clearances. Fire Department: 30. Hazardous Material: Plans indicate that this is an interior remodel only, and no additional square footage or change to the building footprint is proposed. NOTE: this applicant is advised to contact this office (County Fire Department) to discuss the use and disposal of any Hazardous Materials. Public Works Department: 31. Street Improvements: Prior to issuance of any grading or building permits for the site the applicant shall cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public- street improvements, as required by the City Engineer. The plans shall include the following, unless otherwise approved by the City Engineer: a. Show location of all existing utilities within the new and existing public right of way. b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. c. Removal of existing driveway approach and necessary sidewalk, curb and gutter. d. Remove and replace existing uplifted and damaged sidewalk. e. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approach. f. Construction of conforms to existing public and private improvements, as necessary. 32. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 33. Water MeterL) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of-way line. 34. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. Planning Commission Resolution No. 3919 PLN2008-168 - 2165 S. Bascom Avenue -Use Permit -New Medical Center Page 8 35. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. Bascom Avenue has not been reconstructed or overlaid in the last 5 years. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. 36. Utility Encroachment Permit: Separate permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work. 37.Additional Street Improvements: Should it be discovered after the approval process that new utility main lines, extra utility work or other work is required to service the development, and should those facilities or other work affect any public improvements, the City may add conditions to the development/project/permit, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City. 38. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 39.Occupancy and Building Permit Final: Prior to allowing occupancy and/or final building permit signoff for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. 40. Plan Lines: Prior to issuance of any grading or building permits for the site, the applicant shall provide a plan layout showing the correct location and north arrow of the site on the vicinity map, and other relevant information in the public right of way. Planning Commission Resolution No. 3919 PLN2008-168 - 2165 S. Bascom Avenue -Use Permit -New Medical Center Page 9 PASSED AND ADOPTED this 9th day of December, by the following roll call vote: AYES: Commissioners: Alderete, Ebner, Gairaud, Rocha and Roseberry NOES: Commissioners: None ABSENT: Commissioners: Gibbons ABSTAIN: Commissioners: None APPROVED: ~-~ , ~C!z~ Bob Roseberry, Ch r ATTEST: ~^-- Tim J. Hal Acting Secretary