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04-12-22 PC meeting minutes - signedTo: Chair Ching and Planning Commission Members Date: April 22, 2022 From: Abby Jones, Executive Assistant Subject: Desk Item: Action Minutes for PC Meeting dated 4/12/2022 The following is a list of emails received by staff after completion and posting of the agenda packet and report for this project on the website. These emailed items were immediately forwarded on to the Commission and are also being provided this evening as desk items. PC Meeting Minutes 1.Planning Commission meeting minutes 4/12/2022. City of Campbell MEMORANDUM Planning Division Staff Report ~ Planning Commission Meeting of April 26, 2022 Page 2 of 6 PLN-2021-195 ~ 2020 S. Bascom Avenue BACKGROUND The existing building was constructed under Santa Clara County jurisdiction and annexed into the City of Campbell in 1971. A Site and Architectural Permit (S89-08) for an approximately 4,630 square feet addition to the existing building was approved by the Planning Commission in July 1989. The Planning Commission approved a Conditional Use Permit in 2016 to allow for on-site consumption of beer and wine in conjunction with a new restaurant (Mod Pizza) at 2000 S. Bascom Avenue, located on the same parcel as the proposed veterinary clinic and hospital use. PROJECT DESCRIPTION Applicant’s Proposal: The applicant is requesting approval of a Conditional Use Permit to allow a veterinary office within an existing commercial tenant space. As described by the applicant's Project Description (reference Attachment 4), Dry Creek Animal Hospital will provide a new veterinary care practice to expand access to long-term, high-quality, reliable veterinary care for Campbell and surrounding areas. The submitted floor plan (reference Attachment 3 – Project Plans) depicts customer facing areas, such as the lobby, reception, and exam rooms, and treatment areas, such as an x-ray room, dental area, surgery room, and general treatment area. Figure 1: Proposed floor plans Project Location: The project site is an approximately 0.32 gross-acre commercial site, which is comprised of two buildings. The subject use, Dry Creek Animal Hospital, is proposing to occupy a 3,366 square-foot commercial tenant space located towards the center of the existing commercial building, as shown below. Staff Report ~ Planning Commission Meeting of April 26, 2022 Page 3 of 6 PLN-2021-195 ~ 2020 S. Bascom Avenue ANALYSIS General Plan: The General Plan Land Use designation for the property is General Commercial. The General Plan Land Use designation of General Commercial allows for commercial uses that need exposure to high volumes of traffic or access to transit corridors. The proposed use is consistent with the General Plan Land Use designation of General Commercial. Zoning Code: The project site has a zoning designation of C-2 General Commercial. The purpose of this zoning district is to provide a wide range of retail sales and business and personal services oriented to the automobile customer and accessible to transit corridors, to provide for general commercial needs of the city. Administrative Procedure: In the C-2 (General Commercial) Zoning District, veterinary clinics and animal hospitals are identified as a Conditional Use. In accordance with CMC 21.72 (Definitions) a veterinary clinic and animal hospital is defined as follows: “Veterinary clinics and animal hospitals" means office and indoor medical treatment facilities used by veterinarians, including large and small animal veterinary clinics, and animal hospitals. A maximum of five animals may be kept overnight only if they are receiving medical treatment at the clinic/hospital. Veterinary clinics and animal hospitals shall comply with the provisions of Section 21.36.250.” The proposed veterinary clinic and animal hospital use is proposing to locate in an existing commercial building with no changes to the exterior. There are no exterior changes to the building proposed at this time. Parking: The project site provides 77 parking spaces on-site, which are shared by all tenants. Based on the previous Site Approval (S89-08), the established parking ratio for the site is 1 parking space per 200 gross square feet. As part of the previous Site Approval, the Planning Commission allowed the site to only be served by 76 parking spaces (now 77 parking spaces) instead of the required 84 parking spaces, provided that the amount of retail space was capped at 9,330 square feet3 and the 3 The 9,330 square feet is the square footage for the entire building at 2020 S. Bascom Ave. Staff Report ~ Planning Commission Meeting of April 26, 2022 Page 4 of 6 PLN-2021-195 ~ 2020 S. Bascom Avenue maximum seating for the restaurant was restricted to 113 seats4 as a condition of approval. As a result, this condition of approval established a “retail” parking ratio at 1:200 square feet for future tenants and a 113-seat cap for future restaurants. Pursuant to Section 21.28.040(D)(1) of the Campbell Municipal Code (CMC), the number of required parking spaces for a new use shall be the same as the requirement for the previous use, regardless of the number of spaces actually provided by the previous use if 1) the previous use was legally established, and 2) no parking spaces were eliminated by the previous use. The previous use was a beauty salon and was legally established in 2008 and no parking spaces were eliminated by the previous use. Therefore, the parking requirement ratio for the proposed veterinary use remains the same at 1:200 square feet which equates to 17 parking spaces. Special Uses: Pursuant to Section 21.36.250 of the CMC, veterinary clinics and animal hospitals must comply with development and operational standards. The development and operational standards generally speak to the type of animals served, boarding activities, noise/odor mitigation, locational limitations, and hours of operation. As required by the CMC, the veterinary clinics and animal hospital use is proposing to treat only small animals, limited to dogs, cats, birds, and similar breeds and is not proposing any overnight boarding capabilities. The project is conditioned to be constructed of materials that will ensure sound will not exceed 65 decibels and the project is prohibited from burning or otherwise disposing of dead animals on the property. While the project is locating in an existing building, tenant improvements are needed to retrofit the space to serve the veterinary clinic and animal hospital use. Lastly, the project meets the 50-foot distance from any residentially zoned property by being located 60-feet from the nearest residentially zoned property. This 60-foot measurement is measured from the edge of the tenant space as opposed to the entire building. The Planning Commission has the authority to determine hours of operation for each clinic dependent on location. The project is proposing hours of operation from 7:00 AM to 8:00 PM daily for staff and 8:00 AM to 6:00 PM Monday through Saturday for customers and is not proposing any after hour emergency services. Conditional Use Permit Findings (Section 21.46.040 of CMC): The property is located within the C-2 (General Commercial) Zoning District. A veterinary clinic and hospital may be allowed subject to approval of a Conditional Use Permit after making all six (6) of the required findings described in italics below. An explanation of how the project does or does not meet each finding follows in plain text below. 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; See related discussion under ‘Zoning Code’. The use is considered a veterinary clinic and animal hospital use which is allowed with the approval of a Conditional Use Permit and upon compliance with Section 21.36.250 Veterinary clinics and animal hospitals of the CMC. 2. The proposed use is consistent with the General Plan; Allowing a new veterinary clinic and hospital use will meet the purpose/intent of the General Commercial General Plan land use designation which is to accommodate businesses along larger arterials and to provide an additional option for veterinary 4 The 113 seats are for the building at 2000 S. Bascom Avenue (i.e. Habit Burger Grill and Mod Pizza). Staff Report ~ Planning Commission Meeting of April 26, 2022 Page 5 of 6 PLN-2021-195 ~ 2020 S. Bascom Avenue services to serve Campbell residents. The applicant’s proposal may also be found to further the following General Plan policies and strategies: Policy LUT-5.3: Variety of Commercial and Office Uses: Maintain a variety of attractive and convenient commercial and office uses that provide needed goods, services, and entertainment. Policy LUT-11.2: Services within walking distance: Encourage neighborhood services within walking distance of residential uses. The project complies with the above General Plan policy and strategy by providing a veterinary clinic and animal hospital service within walking distance of residential uses. 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; The project site is an existing property that adequately can accommodate fences, walls, landscaping, parking and loading facilities, and yards. The proposed veterinary clinic and hospital use will reconfigure a tenant space within an existing building and does not propose any site modifications. The project site contains an existing wall that provides a physical barrier to adjacent properties. The project site also contains existing landscaped areas that include lawn and a series of trees that assist in privacy to existing residential uses. Lastly, the project includes a surface parking lot with adequate parking to serve the proposed use and existing uses on-site. 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; Allowing a new veterinary clinic and animal hospital use is not anticipated to result in an appreciable increase in the amount of traffic the business generates. Furthermore, the project site is located on the corner of Campbell Avenue and Bascom Avenue. Campbell Avenue is considered a Class II arterial and Bascom Avenue is considered a Class I arterial per the General Plan (Figure LUT-3). Both arterials primarily serve through traffic with sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate. 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; and As described in the Zoning Code section and the Veterinary Clinics and Animal Hospital Section below, the proposed veterinary clinic and animal hospital use is compatible with the existing surrounding uses. The commercial use provides another service on a commercial corridor and is non-impactful to surrounding residential uses. 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. The proposed veterinary clinic and animal hospital use at the project site will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons Staff Report ~ Planning Commission Meeting of April 26, 2022 Page 6 of 6 PLN-2021-195 ~ 2020 S. Bascom Avenue residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements to the neighborhood or to the general welfare of the city. The proposed veterinary clinic and animal hospital use is proposing to locate in an existing building with reconfiguration of the tenant space. The operations of this facility will not be impactful to the surrounding area as the entirety of the use will be contained within the building and the project is conditioned to ensure sound mitigation. Furthermore, the proposed use is not proposing any late-night operations5. Veterinary Clinics and Animal Hospitals (Section 21.36.250 of CMC): Pursuant to Section 21.36.250(G) of the CMC, the Planning Commission must find the following: 1.The veterinary clinic and animal hospital use is compatible with other uses in the surrounding area. The project site is surrounded by existing commercial uses to the north, south, and west, andsingle-family residential uses to the east. The existing commercial uses include: a bank,beauty salon, retail, office, and a gasoline station. The project is compatible with other uses because the use will not negatively impact the surrounding uses and it provides a service within a commercial corridor for the use of the residents in the City. Public Outreach: The project was noticed to all property owners within 300 feet of the subject property and publicized in the newspaper (Metro). No public comments have been received. Prepared by: Tracy Tam, Associate Planner Approved by: Attachments: 1. Draft Resolution 2.Location Map3.Project Description4.Project Plans 5 Section 21.72.020(L): "Late night activities" means land use activities operating between the hours of 11:00 p.m. and 6:00 a.m., including, but not limited to, the provision of goods and services to the public and all ancillary activities such as property maintenance, janitorial services, street and parking lot sweeping, deliveries, and similar activities. "Late night activities" do not include the lawful, reasonable and customary use of residential uses or professional offices in a manner that does not interfere with the reasonable use and enjoyment of other properties. Attest: Stuart Ching, Chair Rob Eastwood, Community Development Director Stuart Ching (Apr 10, 2023 16:05 PDT) 04-12-22 PC planning minutes Final Audit Report 2023-04-12 Created:2023-04-06 By:Selina Perez Aquino (selinap@campbellca.gov) Status:Signed Transaction ID:CBJCHBCAABAAwSKe7b04nusvzZ0MUK_nrhN5_SGiTB2J "04-12-22 PC planning minutes" History Document created by Selina Perez Aquino (selinap@campbellca.gov) 2023-04-06 - 9:30:24 PM GMT Document emailed to Tracy Tam (tracyt@campbellca.gov) for signature 2023-04-06 - 9:30:53 PM GMT Email viewed by Tracy Tam (tracyt@campbellca.gov) 2023-04-07 - 3:16:00 PM GMT Document e-signed by Tracy Tam (tracyt@campbellca.gov) Signature Date: 2023-04-07 - 3:28:34 PM GMT - Time Source: server Document emailed to sching19@gmail.com for signature 2023-04-07 - 3:28:36 PM GMT Email viewed by sching19@gmail.com 2023-04-10 - 11:01:48 PM GMT Signer sching19@gmail.com entered name at signing as Stuart Ching 2023-04-10 - 11:05:52 PM GMT Document e-signed by Stuart Ching (sching19@gmail.com) Signature Date: 2023-04-10 - 11:05:54 PM GMT - Time Source: server Document emailed to Rob Eastwood (robe@campbellca.gov) for signature 2023-04-10 - 11:05:56 PM GMT Email viewed by Rob Eastwood (robe@campbellca.gov) 2023-04-12 - 0:14:48 AM GMT Document e-signed by Rob Eastwood (robe@campbellca.gov) Signature Date: 2023-04-12 - 0:14:57 AM GMT - Time Source: server Agreement completed. 2023-04-12 - 0:14:57 AM GMT Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted.