PC Res 3202RESOLUTION NO. 3202
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (UP
98-10) TO ALLOW THE CONVERSION OF A RESIDENTIAL
STRUCTURE TO A PROFFESIONAL OFFICE USE ON PROPERTY
LOCATED AT 166 W. CAMPBELL AVENUE IN A PO
(PROFESSIONAL OFFICE) ZONING DISTRICT. APPLICATION OF MR.
JERRY DUNK. FILE NO. UP 98-10.
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 LIP 98-10:
1. The project site is located on property designated as Professional Office by the Zoning and
General Plan.
2. The proposed insurance agency business is a professional office use, which is permitted in
the P-O (Professional Office) Zoning District.
3. The proposed conversion of the existing residence to a professional office use is permitted in
the P-O (Professional Office) Zoning District with approval of a Conditional Use Permit.
4. The hours of operation of the proposed use are Monday through Friday, 8 a.m. to 7 p.m.,
which is consistent with hours of operation for office uses.
5. The proposed reduction in the number of required parking spaces is not considered
significant and the proposed parking is adequate to serve the proposed project.
6. The project is compatible and consistent with the surrounding commercial and residential
uses.
7. The conversion of the residential structure will be required to meet all City Building Code
requirements to allow the professional office use.
Based upon the foregoing findings of fact, the Planning Commission concludes that:
1. The proposed use is consistent with the General Plan and Zoning Ordinance.
The establishment, maintenance, or operation of the use will not be detrimental to the public
health, safety, peace, morals, comfort or general welfare of persons residing or working in the
neighborhood of the proposed use, or be detrimental to property and improvements in the
neighborhood or to the general welfare of the City.
Planning Commission Resolution No. 3202
LIP 98-10 - 166 W. Campbell Avenue - Jerry Dunk
Page 2
3. The proposed site is adequate in size and shape to accommodate the proposed professional
office use.
4. The site is adequately served by streets of sufficient capacity to carry the kind and quantity of
traffic such use would generate.
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinance of the City of Campbell and the State of
California. The lead department with which the applicant will work is identified on each
condition where necessary. 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
1. Approved Proiect: Approval is granted for a Use Permit (UP 98-10) to allow the conversion
of a single-story, 2,248 square foot single-family residence to a professional office use on
property located at 166 W. Campbell Avenue. Project shall substantially comply with the
following submitted plans and letter, except as modified herein in the Conditions of
Approval.
a. Project summary description page of plans prepared by Jerry Dunk, applicant.
b. Site plan prepared by Jerry Dunk, applicant, dated as received on November 3, 1998.
c. Floor plan submitted by Jerry Dunk, applicant, dated as received on November 3, 1998.
d. Elevations submitted by Jerry Dunk, applicant, dated as received on October 5, 1998.
e. Letter requesting parking adjustment dated October 22, 1998.
Use Permit Expiration: The Use Permit approval (LIP 98-10) for this project is valid for a
period of one year from the Planning Commission approval. All conditions of approval
specified herein must be completed within one year from the date of approval or the Use
Permit shall be void.
Parking Adjustment: A parking adjustment is granted which permits the reduction of two (2)
parking spaces from the number of required parking spaces (10 spaces) for the professional
office use. A minimum of eight (8) parking spaces shall be provided on site.
4. Hours of Operation: The hours of operation for the professional office use shall be 8 a.m. to 7
p.m., Monday through Friday as stated in the applicant's project summary description.
Landscaping:
a. Prior to the issuance of building permits, the applicant shall submit landscaping and
irrigation plans for review and approval by the Community Development Director.
Planning Commission Resolution No. 3202
LIP 98-10 - 166 W. Campbell Avenue - Jerry Dunk
Page 3
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Prior to the issuance of building permits, the applicant shall provide a tree protection plan
to be reviewed and approved by the Community Development Director indicating how
the black walnut tree is to be retained and protected on site in conjunction with the
installation of the parking lot. The applicant shall be required to demonstrate that the
paving in conjunction with the parking lot installation will not interrupt the healthy
maintenance of the existing black walnut tree and shall provide permeable paving under
the dripline of the tree to ensure maintenance, if deemed necessary by the Community
Development Director.
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The on-site landscaping plan shall indicate the installation of turf, minimum 15-gallon
trees, and minimum 5-gallon shrubs, except the area adjacent to the stucco wall railing,
which shall have minimum 1 O-gallon shrubs.
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Ramp Design: Prior to the issuance of building permits, the applicant shall revise the design
of the railing around the disabled person ramp to provide a railing design which is
architecturally compatible to the existing building in the form of a low stucco wall painted to
match the color of the building.
Air Conditioning Unit: The existing air conditioning unit along the west elevation of the
structure shall be relocated to an area at the rear of the building and shall not be visible from
public view.
8. Fence: The applicant shall remove the existing fence along the property line adjacent to W.
Campbell Avenue and Jeffers Way.
9. Chimney Repair: The chimney on the east side of the structure shall be repaired to appear as
a functional chimney.
10. Parking and Driveway: Prior to the issuance of building permits for the project, the applicant
shall comply with Chapter 21.50 of the Campbell Municipal Code, unless modified by the
Conditions of Approval.
11. Property Maintenance: The property is to be maintained free of any combustible trash, deris
and weeds until the time that actual construction commences.
12. Signage: Any sign(s) proposed to be erected on site shall require approval of a Sign Permit.
A Sign Permit may be granted upon complete submission of a Sign application and approval
by the Community Development Department in accordance with the City's Sign Ordinance.
No sign shall be permitted until the application is approved an a permit issued.
Planning Commission Resolution No. 3202
UP 98-10 - 166 W. Campbell Avenue - Jerry Dunk
Page 4
13. Roof-mounted mechanical equipment: No new and/or replaced roof-mounted equipment
shall be located on the roof of the building without providing screening of the mechanical
equipment and obtaining approval by the Community Development Director.
14. Building Division Requirements: The applicant shall comply with the following:
a. Occupancy change from R-3 to B requires greater setbacks, or increased fire-resistive
construction. Business (B) occupancy requires one (1) hour construction within twenty
(20) feet of the property line; openings are not permitted within five (5) feet of the
property line, and protected within ten (10) feet. (Single-family (R-3)) only requires one
(1) hour construction within three (3) fee of the property line. Openings are not permitted
within three (3) feet of the property line. Per UBC T 5-A.
b. The building, and at least one set of bathroom fixtures, shall be disabled accessible per
UBC 1103 and 1105.
c. The five (5) foot wide disabled parking access aisle must be on the passenger side per
CAC D-6.1.1.
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The applicant shall comply with all Building Code requirements and obtain necessary
permits as determined by the City's Building Division, including disabled person access
and parking requirements of the State Building Code.
PUBLIC WORKS DEPARTMENT
15. 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 fees, post security and provide insurance necessary to obtain an encroachment
permit for construction of the public improvements, as required by the City Engineer. The
plans shall include the following:
Campbell Avenue
a. Removal of the existing driveway approach and reconstruction of a new driveway
approach to serve the abutting property to the east, 146 West Campbell Avenue.
b. Remodel existing pedestrian handicap ramp at the SE comer of Campbell Avenue and
Jeffers Way to comply with ADA requirements.
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Jeffers Way
Removal of existing curb, gutter, sidewalk, and pavement as needed to construct a 25 foot
commercial driveway approach in compliance with ADA requirements. On-site fencing
shall be removed to provide adequate sight distance for driveway.
Planning Commission Resolution No. 3202
LIP 98-10 - 166 W. Campbell Avenue - Jerry Dunk
Page 5
Campbell Avenue and Jeffers Way
a. Installation of street trees and irrigation system at 40' on-center.
b. Construction of any conforms necessary to match existing improvements.
16. Water Meter and Sewer Cleanout: Water Meter and Sewer Cleanout shall be relocated to
private property behind the public right-of-way line.
17. Utilities: All on-site Utilities shall be installed underground per Section 20.36.150 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.
18. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant shall
submit a Utility Installation Coordination Plan and Schedule for approval by the City
Engineer for installation and/or abandonment of all utilities. Streets which have been
resurfaced within the previous 5 years will require boring and jacking for all new utility
installations. Applicant shall also prepare pavement restoration plans for approval by the
City Engineer prior to any utility installation or abandonment.
19. Maintenance Security: Prior to issuance of occupancy approval for the site, all public street
improvements required by the street improvement agreement and the encroachment permit
must be completed and accepted by the City and the applicant must provide a one-year
Maintenance Security in an amount of 25% of the Faithful Performance Bond.
20. Drainage System: Prior to occupancy clearance, the applicant shall refurbish, remodel, and
reconstruct the on-site Drainage System, as necessary, to demonstrate that the facilities are
functioning normally in accordance with the requirements of the City.
21. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the
applicant shall pay the required Storm Drain Area fee. The current fee is $2,500 per acre or
$511.
22. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permitting requirements and the California Storm Water Best Management
Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley
Water District and the City of Campbell Municipal Code regarding Storm Water Pollution
Prevention.
Planning Commission Resolution No. 3202
LIP 98-10 - 166 W. Campbell Avenue - Jerry Dunk
Page 6
PASSED AND ADOPTED this 10'h day of November, 1998, by the following roll call vote:
AYES: Commissioners:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Francois, Gibbons, Jones, Keams, Lindstrom,
Meyer-Kennedy
None
Lowe
None
APPROVED:
ATTEST ,~~~~
Steve Piasecki, Secretary
Br~ Jones~'~i'ng Chair