PC Res 4035RESOLUTION NO. 4035
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2011-211) TO ALLOW THE ESTABLISHMENT OF A MEDICAL
OFFICE (CHIROPRACTIC CLINIC) ON PROPERTY LOCATED AT
471 DIVISION STREET IN A C-M (CONTROLLED
MANUFACTURING) ZONING DISTRICT. FILE NO.: PLN2011-211.
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 PLN2011-211:
1. The project site is designated on the Zoning Map as C-M (Controlled Manufacturing) and
on the General Plan Land Use Map as Research and Development.
2. The proposed medical office will be compatible with the C-M zoning designation with
approval of a Conditional Use Permit.
3. The subject property is a 72,310 square foot parcel improved with two commercial
buildings, totaling 20,626 square feet of commercial space.
4. The proposed chiropractic clinic will occupy a 3,950 square foot tenant space.
5. The project site is located on the northwest corner of Division Street and Dell Avenue.
6. The proposed project is consistent with other developments and uses in the surrounding
area.
7. No exterior modifications to the building(s) are proposed in conjunction with the proposed
medical use.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. 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.
2. The proposed use is consistent with the General Plan.
3. 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.
4. 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.
Planning Commission Resolution No. 4035
PLN2011-211 - 471 Division Street -Use Permit -Chiropractic Clinic
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5. 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.
6. 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.
7. The project qualifies as a Categorically Exempt project under Section 15301 of the
California Environment Quality Act (CEQA), pertaining to the operation, permitting,
leasing and licensing of existing private structures involving no expansion of use.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2011-211) to allow the establishment of a medical office (chiropractic clinic)
on property located at 471 Division Street in a C-M (Controlled Manufacturing) Zoning
District.
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:
Planning Division
Approved Project: Approval is granted for a Conditional Use Permit (PLN2011-211) to
allow a medical office (chiropractic clinic) in an existing commercial building located at
471 Division Street. The project shall substantially conform to the revised Project Plans
and Project Description dated as received by the Community Development Department
on October 4, 2011 except as may be modified by the conditions of approval specified
herein.
2. Conditional Use Permit Approval Expiration: The approval shall be valid for one year
from the date of final approval (October 22, 2012). Within this one-year period a building
permit must be obtained (if applicable) or the use must be established on the property
(including issuance of a City Business License). Failure to meet these deadlines will
result in the Conditional Use Permit being void. Once established, approval for the use
shall be valid in perpetuity with continued operation of the use. Abandonment,
discontinuation, or ceasing of operations for a continuous period of twelve months shall
void the Conditional Use Permit approved herein.
Planning Commission Resolution No. 4035
PLN2011-211 - 471 Division Street -Use Permit -Chiropractic Clinic
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3. Hours of Operation: The hours of operation shall be restricted to 9 AM to 5 PM Monday
through Friday, exclusive of the customary and reasonable use of the medical office for
administrative work.
4. Cargo Storage Container: Prior to issuance of a City Business License for the approved
chiropractic clinic, the property owner shall remove the cargo storage containers located
on the subject property or provide a reasonable form of security (cash deposit,
irrevocable letter of credit, faithful performance bond) in an amount to be determined by
the Community Development Director, obligating the property owner to remove the cargo
storage containers no later than April 25, 2012.
5. 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.
6. Sic~nage: 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.
7. 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.
8. 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. to
11:00 p.m. Monday through Sunday.
9. 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.
Building Division
10. Permits Required: A building permit application shall be required for the proposed
"Chiropractic" use in the existing commercial structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
11. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet
of construction plans submitted for building permit.
12. Size of Plans: The minimum size of construction plans submitted for building permits
shall be 24 in. X 36 in.
Planning Commission Resolution No. 4035
PLN2011-211 - 471 Division Street -Use Permit -Chiropractic Clinic
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13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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
19. P.G.& 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. and E. concerning utility easements,
distribution pole locations and required conductor clearances.
PASSED AND ADOPTED this 25th day of October, 2011, by the following roll call vote:
AYES: Commissioners: Alster, Brennan, Ebner, Gibbons, Resnikoff, Reynolds and
Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
APPROVED: //~~~ ~-~~
Bob Roseberry, hair
ATTEST:
Kirk ~ ichs, Secretary