Admin PD - 2008November 10, 2008
Community Development Department
Judith Barr
507 McGlincy Lane, Unit C
Campbell, CA 95008
Re: Administrative Planned Development Permit
File No: PLN2008-150
915 S. San Tomas Aquino Road, Unit #800
Dear Ms. Barr,
The Community Development Director has conditionally approved your Administrative Planned
Development Permit to allow the establishment of a dog grooming salon within an existing
vacant commercial tenant space on property located at 915 S. San Tomas Aquino Road within the
P-D (Planned Development) Zoning District. This approval is subject to the attached Conditions
of Approval.
This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5:00
p.m. on November 20, 2008.
Please note that pursuant to Planning Division Condition of Approval #1, a signed copy of the
attached Conditions of Approval must be received by the Planning Division within thirty days
(by December 10, 2008) of the Community Development Director's decision.
If you should have any questions regarding this approval, please do not hesitate to contact me at
(408) 866-2142 or by email at stevep@cityofcampbell.com.
Sincerely, Q
~- /
Steve L. Prosser
Assistant Planner
encl: Findings and Conditions of Approval for File No. PLN2008-150
cc: Jackie C. Young, Acting Community Development Director
Phil Perham, Perham Construction, 10425 Anderson Road, San Jose, CA 95127
Ralph Raabe, Property Owner, 1421 Glenwood Avenue, San Jose, CA 95125
FINDINGS FOR APPROVAL OF FILE NO. PLN2008-150
SITE ADDRESS: 915 S. San Tomas Aquino Road, Unit #800
APPLICANT: Judith Barr
DATE: November 10, 2008
Findings for Approval of an Administrative Planned Development Permit for a change in use from
retail to dog ~roomin~ salon for a 444 square foot vacant tenant space on property located at 915
S. San Tomas Aquino Road,_Unit #800
The Community Development Director finds as follows with regard to file number PLN2008-150:
1. The project will be consistent with the General Plan land use designation of Neighborhood
Commercial, as the C-1 Zoning which is used to determine allowable uses in the P-D Zoning,
allows more intensive and similar uses (pet stores and veterinary clinic).
2. The project will be consistent with the P-D (Planned Development) Zoning District with
approval of an Administrative Planned Development Permit.
3. The project site is .55 acres and is located at the southwest corner of S. San Tomas Aquino
Road and Elam Avenue. The site is adjacent to residential uses to the north, south and west
and retail and residential uses to the east.
4. The subject property is currently developed with amulti-tenant retail commercial building.
5. The commercial building is constructed with adequate insulation (R19) in both the exterior and
demising walls to mitigate any noise impact to the surrounding properties and adjacent tenant
spaces.
6. The establishment will not create a nuisance due to litter, noise, traffic, vandalism, or other
factors.
7. The establishment will not significantly disturb the peace and enjoyment of the nearby
residential neighborhood.
8. The hours of operation shall be restricted to Monday through Saturday, from 8:00 a.m. to 6:00
p.m., and closed Sundays.
9. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing
Facilities) of the California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the Community Development Director further finds and
concludes that:
1. The proposed development will result in a more desirable environment and use of the land
than would be possible under any other zoning classification.
2. The development will be compatible with the General Plan of the City and will aid in the
harmonious development of the immediate area.
3. The development will be compatible with the Zoning Code of the City.
4. The construction materials used in the exterior and demising walls of the building provide
sufficient noise mitigation to the adjacent commercial tenant spaces and surrounding
properties.
5. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
6. The parking will adequately meet the demands generated by the change in use, and will not be
detrimental to the overall parking and circulation in the area.
7. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts of the project.
8. There is a reasonable relationship between the use of the fees imposed upon the project and the
type of development project.
9. No substantial evidence has been presented from which a reasonable argument could be made
that shows that the project, as currently presented and subject to the required conditions of
approval, will have a significant adverse impact on the environment.
CONDITIONS OF APPROVAL FOR FILE NO. PLN2008-150
SITE ADDRESS: 915 S. San Tomas Aquino Road, Unit #800
APPLICANT: Judith Barr
DATE: November 10, 2008
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
Declaration of Acceptance of All Conditions: Within thirty (30) days of Community
Development Director Approval, the applicant shall sign the final, approved set of Conditions of
Approval. Until said Conditions are signed, the proposed Administrative Planned Development
Permit shall not be valid for any permits sought from the City.
2. Approved Project: Approval is granted for an Administrative Planned Development Permit
(PLN2008-150) for a change in use from retail to dog grooming salon for 444 square feet of
vacant tenant space located at 915 S. San Tomas Aquino Road, Unit #800. The project shall
substantially conform to the project description received by the Planning Division on October
08, 2008, and the project plans received by the Planning Division on October 29, 2008, except
as may be modified by the Conditions of Approval contained 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. Administrative Planned Development Permit Approval Expiration: The Administrative Planned
Development Permit approval shall be valid for one year from the date of final approval.
Within this one-year period a building permit must be obtained and construction completed two
years thereafter or the use must be established on the property and all Conditions of Approval
fulfilled (if no building permit is required). Failure to meet these deadlines will result in the
Administrative Planned Development Permit being void.
5. Revocation of Permit: Operation of the use in violation of the Administrative Planned
Development Permit or any standards, codes, or ordinances of the City of Campbell shall be
grounds for consideration of revocation of the Administrative Planned Development Permit by
the Community Development Director.
6. Periodic Review of Use: The Community Development Director shall require a yearly review
of the Administrative Planned Development Permit. Additionally, the Community Development
Director may review the Administrative Planned Development Permit based upon a verified
complaint filed with the Community Development Director at any time the need occurs.
7. Operational Hours: The hours of operation shall be restricted to Monday through Saturday,
from 8:00 a.m. to 6:00 p.m., and closed Sundays.
8. Animal Boarding: There shall be no animals on site between the hours of 6:00 p.m. an 8:00
a.m.
9. Refusal of Service Policy: The business owner/operators(s) shall refuse service to any client or
customer who allows their animal(s) to be unlawfully unrestrained at any time while on public
or private property.
10. 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.
11. Public Nuisance: The business owner/operator(s) is/are responsible for the compliance of the
City of Campbell City Ordinance that prohibits animal owners from allowing their animals to
defecate or urinate on private property or to defecate on public property without immediately
removing the excrement to a proper receptacle. In the event complaints are received by the City
regarding public nuisances caused from animal excrement, the Community Development
Director may immediately modify the hours of operation and/or suspend operation of the
business, subject to the project being brought to the Planning Commission for review.
12. Restraint of Animals: All customer and/or clients shall maintain control of any animal by
means of a leash held by an adult (18 years old or older) or in a secure animal transportation
crate while traveling to and from the grooming salon. At no time shall any animal be
unrestrained.
13. 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.
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. Parking, Driveways, and Maintenance: All parking and driveway areas shall be developed and
maintained in compliance with the approved plans and Chapter 21.28 (Parking and Loading) of
the Campbell Municipal Code. The project site shall maintain the 36 parking at all times. All
parking areas shall be regularly swept and cleaned to remove litter and debris from the parking
areas and driveways.
16. Landscape Maintenance: The owner/operator of the property shall provide on-going
maintenance of the existing on-site landscaping.
17.On-Site Li hg ting: 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 proposed exterior
lighting for the project shall be reviewed and approved by the Community Development
Director prior to installation of the lighting for compliance with all applicable Conditions of
Approval, ordinances, laws and regulations. Lighting fixtures shall be of a decorative design to
be compatible with the residential development and shall incorporate energy saving features.
18. Loitering: There shall be no loitering allowed outside the business in the rear parking lot or the
side parking lot areas.
19. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment or
materials shall be stored outside the building or within the parking lot.
20. Noise:
a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified
sounds, loud speakers, sounds from audio sound systems, music, and/or public address
system, generated by the subject use shall not be audible to a person of normal hearing
capacity from any residential property.
b. Noise Mana~e~: In the event complaints are received by the City regarding noise, the
Community Development Director may immediately modify the hours of operation, subject
to the project being brought back to the Planning Commission for review.
21. Trash & Clean Up: Trash and clean up shall not be done in the late evening or early morning
hours. All trash and clean up shall be done between 6:00 a.m. and 11:00 p.m. daily.
22. 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.
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.
Building Division
23. Permits Required: A building permit application shall be required for the proposed change in
use in an existing commercial structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
24. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
25. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches
by 36 inches.
26. 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.
27. Site Plan: Application for building permit shall include a competent site plan that identifies
property and proposed structures with dimensions and elevations as 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.
28. 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.
29. 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 1, Section 106. Please obtain City of Campbell, Special Inspection forms from the
Building Inspection Division Counter.
30. 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.
31. 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.
32. 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.
33. 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
34. 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.
Fire Department
35. Fire Extinguisher: There shall be one 2AlOBC type fire extinguisher in useable condition and
accessible on site at all times.
Acknowledged & Accepted:
udith Barr, Applicant