PC Res 3945RESOLUTION NO. 3945
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL GRANTING A CONDITIONAL USE
PERMIT (PLN2009-46) TO ALLOW THE ESTABLISHMENT OF A
MEDICAL (CHIROPRACTIC) OFFICE USE ON PROPERTY
OWNED BY MARTIN HERTZ ASSOCIATES LOCATED AT 2207 S.
BASCOM AVENUE IN A C-2-S (GENERAL COMMERCIAL)
ZONING DISTRICT. APPLICATION OF MR. BRUCE WATSON.
FILE NO.: PLN2009-46.
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 PLN2009-46
1. The proposed medical (chiropractic) office is consistent with the General Commercial
General Plan land use designation.
2. The proposed medical use will be compatible with the C-2 (General Commercial)
zoning designation with approval of a Conditional Use Permit.
3. The project site consists of a 49,223 sq. ft. parcel currently developed with two single
story retail buildings.
4. The project provides 86 parking spaces where a minimum of 66 parking spaces are
required.
5. The subject property is located on the west side of S. Bascom Avenue south of Apricot
Avenue.
6. The proposed project is consistent with other developments and uses in the
surrounding area.
7. The business hours shall be restricted to 7:00 AM to 8:00 PM., Monday through
Sunday. Operational hours shall be restricted to 6:00 AM to 9:00 PM, not to include the
lawful, reasonable and customary use as a professional office in a manner that does
not interfere with the reasonable use and enjoyment of other properties.
8. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 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.
Planning Commission Resolution No. 3945
PLN2009-46 - 2207 S. Bascom Avenue -Use Permit - Medical (Chiropractic) Use
Page 2
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 a Conditional Use
Permit (PLN2009-46) to allow the establishment of a medical (Chiropractic) office use on
property owned by Martin Hertz Associates located at 2207 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
Planning Commission Res .tion No. 3945
PLN2009-46 - 2207 S. Bascom Avenue -Use Permit - Medical (Chiropractic) Use
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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.
Acknowledged 8~ Accepted:
ruce Watson ~ Date
2. Approved Project: Approval is granted for a Conditional Use Permit (PLN2009-46) to
allow the establishment of a medical (Chiropractic) office in an existing retail building
located at 2207 S. Bascom Avenue. The project shall substantially conform to the
Project Plans (site Plan and floor plan) and Written Description stamped as received by
the Community Development Department on April 14, 2009, 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. Business License Required: The use approved herein shall not be established until
issuance of a Business License has been granted.
5. Transferability: Prior to issuance of a business license pursuant to this Conditional Use
Permit to a new owner(s) of the subject business, said new owner(s) shall be required
to a sign the approved Resolution, incorporating the final approved set of Conditions of
Approval.
6. 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.
7. 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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8. Business/Operational Hours: Operational/Business hours permitted by the Conditional
Use Permit approved herein are as follows:
• Operational Hours: 6:00 AM to 9:00 PM
• Business Hours 7:00 AM to 8:00 PM
The approved medical office shall only be open to the public only during those hours
specified above as `Business Hours'. During the additional time provided by the
`Operational Hours', specified above, employees or contractual staff may be on site for
preparation, clean-up, or other business-related activity. At no time shall employees or
contractual staff, other than the business owner during an emergency, arrive prior to or
after the specified operational hours. Not to include the lawful, reasonable and
customary use as a professional office in a manner that does not interfere with the
reasonable use and enjoyment of other properties.
In the event credible complaints are received by the City of violations of these
conditions of approval or any applicable law, 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.
9. 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.
10. signage: No signage is approved as part of the development application approved
herein. All signage shall be installed and maintained consistent with existing on-site
signage.
ll. 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.
12. Landscape Maintenance: The owner/operator of the property shall provide on-going
maintenance of the existing on-site landscaping.
13. 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.
14. 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
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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.
15. 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 credible 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.
16. 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.
17. 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. Restriping of existing parking shall be reviewed and approved by the
Community Development Director.
Building Division:
18. Permits Required: A building permit application shall be required for the proposed
tenant improvements for the proposed medical office tenant improvement to the (e)
commercial structure. 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.
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
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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 approval
process. Applicant should also consult with P. G. & E. concerning utility easements,
distribution pole locations and required conductor clearances.
COUNTY FIRE DEPARTMENT
30. Remodel Plans: Remodel plans must be reviewed by this office.
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PASSED AND ADOPTED this 26th day of May, 2009, by the following roll call vote:
AYES: Commissioners: Alster, Gairaud, Gibbons, Rocha and Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: Alderete and Ebner
ABSTAIN: Commissioners: None ~
APPROVED:
Gibbons, Vice Chair
TTEST: ~~ ~~ ~~~~~~
A
Ciddy Wordel ,Acting Secretary