PC Res 3985RESOLUTION NO. 3985
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2009-122) INCORPORATING SITE AND ARCHITECTURAL
REVIEW PERMIT APPROVAL TO ESTABLISH A NEW DENTAL
OFFICE IN AN EXISTING TWO-STORY OFFICE BUILDING,
CONSTRUCT A 500 SQUARE FOOT FIRST-STORY ADDITION AND
REMODEL THE EXTERIOR OF THE BUILDING ON PROOPERTY
OWNED BY E. WILLIAM AND CHARLOTTE DAERKSEN LOCATED
AT 1374 E. HAMILTON AVENUE. APPLICATION OF AILAN TRAN
AND VINH LE. FILE NO.: PLN2009-122.
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 PLN2009-122.
Environmental Finding
1. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 of the
California Environmental Quality Act (CEQA), pertaining to minor alterations of existing
private structures.
Evidentiary Findings
2. The Project Site is zoned P-O (Professional Office) on the City of Campbell Zoning Map.
3. The Project Site is designated Professional Office on the City of Campbell General Plan
Land Use diagram.
4. The Project Site is currently developed with a two story office building and is located
along Hamilton Avenue between Manchester Avenue and Nottingham Way. The site
abuts single-family residential development to the southerly property line.
5. The Project Site is composed of two parcels with a combined lot area of 14,493 square-
feet.
6. The two parcels composing the project site are identified on Page 13 of Book 12 of the
Santa Clara County Assessor Map as parcels number 56 and 57.
7. The Proposed Project was reviewed as a single parcel with respect to development
standards such as on-site parking, lot coverage, and Floor Area Ratio. Pursuant to a
condition of approval, these two parcels will be combined into one.
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8. The Proposed Project consists of a 495 square-foot addition and facade remodel to an
existing two-story office building and establishment of a dental office and speculative
medical office.
9. The Proposed Project will be compatible with the P-O (Professional Office) Zoning
District with approval of a Conditional Use Permit incorporating Site and Architectural
Review.
10. The project provides 21 parking spaces, including one disabled loading space, where 22
parking spaces (rounded up) are required.
11. The hours of the business open to the public shall be restricted to 9 AM to 6 PM.
12. The proposed addition and fagade improvement will substantially improve the
appearance of the existing office building by introducing contemporary materials and
colors.
13. 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.
14. There is a reasonable relationship and a rough proportionality between the Conditions
of Approval and the impacts of the project.
15. There is a reasonable relationship between the use of the fees imposed upon the project
and the type of development project.
Based upon the foregoing findings of fact and pursuant to CMC §21.46.040, the Planning
Commission further finds and concludes that:
16. The project will aid in the harmonious development of the immediate area;
17. The project is consistent with applicable adopted design guidelines;
18. 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 Campbell Municipal Code;
19. The proposed use is consistent with the General Plan;
20. 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;
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21. 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;
22. 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; and
23. 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.
THEREFORE, BE !T RESOL\!ED that the Planning Commission approves a Conditional Use
Permit (PLN2009-122) incorporating Site and Architectural Review Permit approval to
establish a new dental office in an existing two-story office building, construct a 500 square
foot first-story addition and remodel the exterior of the building on property owned by E.
William and Charlotte Daerksen located at 1374 E. Hamilton Avenue.
The applicant is hereby notified, as part of this application, that he/she is required to meet
the following conditions in accordance with the ordinances of the City of Campbell and the
State of California. Where approval by the Community Development Director, 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 and properly owl ter 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 & Accepted:
Vinfi~Le Tran Date
~''~~ ~;Ei~.3 ~Cf~
AiLan Tran Date
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PLN2009-122 - 1374 E. Hamilton Avenue -Use Permit
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2. Approved Project: Approval is granted for a Conditional Use Permit (PLN2009-122),
incorporating Site and Architectural Review, to allow the construction of a 495 sq. ft. first
floor addition and fagade improvement to an existing two-story office building and
establishment of a dental office and a speculative medical office located on property
located at 1374 E. Hamilton Avenue. The project shall substantially conform to the
Revised Project Plans, Color Board, and Operational statement received by the
Community Development Department on March 11, 2010, April 22, 2010, and September
17, 2009, respectively, except as may be modified by additional conditions specified
herein:
a. Site Plan: With building permit submittal, the applicant shall revise the site plan to
show a ground marking (direction arrow) and posted sign designating the Hamilton
Avenue driveway as entrance only.
b. Elevations: With building permit submittal, the applicant shall revise the elevations to
(1) indicate that the HVAC equipment screen will be in the same material and color
as the new metal roof and (2) show the front-door accessibility ramp in black metal,
instead of stainless steel.
3. Lot-Line Adiustment: Prior to building permit submittal, applicant shall submit an
application for a Lot Line Adjustment to merge the parcel composing the project site into
one. Prior to building permit final, the Lot Line Adjustment shall be executed.
4. Planning Final Required: Planning clearance is required 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.
5. Conditional Use Permit Approval Expiration: The Conditional Use Permit, incorporating
Site and Architectural Approval, shall be valid for two (2) years from the effective date of
Planning Commission approval. Within this two-year period a Building Permit for the
approved 495 square-foot addition, facade improvement, and interior tenant
improvement for the approved dental office must be obtained and construction
commenced. The approved speculative medical office use shall be established within
one year of building permit final. Failure to meet these deadlines will result in the
Conditional Use Permit being void.
6. Speculative Medical Office: Prior to issuance of a building permit or business license for
use of the speculative medical office, the applicant shall verify from the Community
Development Department that the future use is consistent with the Campbell Municipal
Code.
7. 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
sign the approved Resolution, incorporating the final approved set of Conditions of
Approval.
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8. 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.
9. Business Hours: The hours of the two medical uses approved by this Conditional Use
Permit to the public shall be restricted to 9 AM to 6 PM, daily. Changes to the approved
business hours may be approved by the Community Development Director if the request
is found not to be detrimental to the general welfare of the neighborhood.
10. Operational Hours: The hours of operation (the hours employees are allowed on site for
to prepare for opening and for clean up after closing) shall be restricted to 7:00 AM to
8:00 PM daily, exclusive of the customary and reasonable use of the medical office for
administrative work.
11. 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.
12. Outdoor Storage: No equipment, materials or business vehicles shall be parked and/or
stored outside the building or within the parking lot.
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
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. 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 and trash collection shall be done
between 7:00 a.m. and 7:00 p.m. daily.
16. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to
installation of any PG&E transformers and San Jose Water Company back-flow
preventers, if required, indicating the location of the facilities and screening (if the
facilities are above ground) for review and approval by the Community Development
Director.
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17. 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.
18. Landscape Plan: If the existing landscaping is proposed to be significantly modified,
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). The required landscaping shall be
installed prior to the final inspection completed by the Planning Department
19. Landscape Maintenance: The owner/operator of the property shall provide on-going
maintenance of the existing and proposed on-site landscaping.
20. 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.
21. Operation of Mechanical Equipment: Pursuant to the Campbell Municipal Code,
operation of power equipment (i.e. "power-washer"), shall be limited to the hours of 8:00
AM and 7:00 PM Monday through Friday, and between the hours of 9:00 AM and 6:00
PM Saturday, Sunday and nationally recognized holidays.
22. 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. A total of 75 non-commercial vehicle parking spaces will be provided.
23. 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.
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f. Prior to the issuance of building permits, the project site shall be posted with the
name and contact number of the lead contractor 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:
24. Permits Required: A building permit application shall be required for the proposed Dental
Office tenant improvements to the (e) commercial structure. The building permit shall
include Electrical/Plumbing/Mechanical fees when such work is part of the permit.
25. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet
of construction plans submitted for building permit.
26. Size of Plans: The size of construction plans submitted for building permits shall be 24
inches by 36 inches.
27. 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.
28. Site Plan: Application for building permit shall include a competent site plan that
identifies property and proposed structures with dimensions and elevations as
appropriate. Site plan shall also include site drainage details. Site address and parcel
numbers shall also be clearly called out. Site parking and path of travel to public
sidewalks shall be detailed.
29. 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.
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30. 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.
31. 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.
32. 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.
33. 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.
34. 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.
35. LEED for New Construction: Applicant shall complete and return LEED Project Checklist
prior to issuance of the building permit.
36. 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
PUBLIC WORKS DEPARTMENT
37. Proof of Ownership: Prior to issuance of any grading or building permits for the site, the
applicant shall provide a current (within the past 6 months) Preliminary Title Report.
38. Public Sidewalk Easement: Prior to issuance of any grading or building permits for the
site, the applicant shall grant a 3' sidewalk easement on private property contiguous with
the public right-of-way along the Nottingham Way frontage, unless otherwise approved
by the City Engineer. The applicant shall cause all documents to be prepared by a
registered civil engineer/land surveyor, as necessary, for the City's review and
recordation.
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39. Street Improvements: Prior to issuance of any grading or building permits for the site,
the applicant shall execute a street improvement agreement, 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 on
Nottingham Way.
d. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway
approach.
e. Remove and replace sections of cracked and uplifted sidewalk on Manchester Ave
and on Nottingham Way.
f. Installation of City approved street trees on Nottingham Way and Manchester Ave.
g. Installation of ADA compliant curb ramps on the southwest corner at Hamilton
Avenue and Nottingham Way and at the southeast corner at Hamilton Ave and
Manchester Ave.
h. Installation of streetlights, conduits, conductors and related facilities in accordance
with the City of Campbell's Street Lighting Policies.
i. Installation of traffic control, stripes and signs.
Construction of conforms to existing public and private improvements, as necessary.
40. Maintenance of Landscaping: Owner(s), current and future, are required to maintain the
landscaped park strip and tree wells in the public right of way. This includes, but is not
limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner
that would not allow the tree to grow to a mature height.
41. 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.
42. Water Meter(s) 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.
43. 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
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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.
44. 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. Hamilton
Avenue was overlaid in FY00/01, Manchester Avenue was overlaid in FY97/98, and
Nottingham Way was overlaid in FY98/99. 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.
45. 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.
46. 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.
47. 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. Specifically
the project must include source control, site design and treatment measures to achieve
compliance with Provision C.3. of the NPDES Permit. Measures may include, but are not
limited to, minimization of impervious surface area, vegetated swales, infiltration areas,
and treatment devices. 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.
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48. Occupancy and Building Permit Final: Prior to allowing occupancy for any and/or final
building permit signoff and/or all buildings, the applicant shall have the required street
improvements installed and accepted by the City, and the designer shall submit as-built
drawings to the City.
COUNTY FIRE DEPARTMENT
49. Revision of Notes: Fire Department conditions are noted on Page A-02 of plans and are
shown as Redwood City Ordinance, NEC or IBC. Such references shall be corrected,
moved to other appropriate sections and/or removed from future editions of plans.
50. Fire Extinguishers: Portable fire extinguishers shall be installed as per applicable code.
51. Premise Identification: Approved numbers or addresses shall be placed on all new and
existing buildings in such a position to be plainly visible and legible from the street or
road fronting the property. Numbers shall contrast with their background. Note: Interior
hallways and offices shall be clearly identified and marked.
52. Fire Lane Marking: Provide marking for all roadways within the project. Markings shall be
per fire department specifications. Installation shall also conform to Local Government
Standards and Fire Department Standard Details and Specifications A-6.
PASSED AND ADOPTED this 25th day of May, 2010, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Alster, Cristina,
Roseberry
None
None
None
APPROVE
Ebner, Gibbons, Reynolds, Rocha and
ATTEST:
Kirk einr' hs, Secretary
~S~
D:
lizabeth Gibbons, Chair