Loading...
PC Res 2935RESOLUTION NO. 2935 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE ESTABLISHMENT OF AN ANIMAL SHELTER AND LICENSING AUTHORITY TO BE LOCATED AT 100 GILMAN AVENUE IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF DR. RON WEINER. FILE NO. LIP 94- 13. After notification and Public Hearing as spedfied by law on the application of the Dr. Ron Weiner, on behalf of Central Animal Hospital, to approve a Conditional Use Permit allowing the establishment of an animal shelter and licensing authority, and after presentation by the Planning 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 File No. UP 94-13: The location of the building and the on site improvements shall provide reasonable vehicular and pedestrian circulation. A total of 10 parking spaces will be provided which has been determined by the Planning Division to adequately serve the proposed use. The spaces are so situated that no vehicles will be required to back into the public right-of-way. The conditions of approval generated for the proposed project will ensure that impacts due to noise will be minimized so as not to unreasonably interfere with adjoining properties. Building permits and corrections will be completed for previous unpermitted construction on the site. The site plan has been designed to minimize and/or eliminate impacts to the Los Gatos Creek Trail, the par course, and the residential project to the southwest. No substantial evidence has been presented which shows that the project, as currently presented, and subject to the required conditions, would have a significant adverse impact on the environment. Therefore, the Planning Commission, hereby, also finds in conclusion that: Resolution No. 2935 UP 94-13 --100 Gilman Avenue (Central Animal Hospital) Adopted on September 13, 1994 Page 2 The establishment, maintenance, or operation of the use applied for will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. The proposed site is adequate in size and shape to accommodate the walls, fences, parking and loading facilities, landscaping and other development features required in order to integrate said use with uses in the surrounding area. The proposed site is adequately served by streets of sufficient capadty to carry the kind and quantity of traffic such use would generate; 4. The proposed use is compatible with the uses in the area. The proposed project is in conformance with the policies contained in the North of Campbell Avenue Special Project Area, the City of Campbell Zoning Ordinance, and the City of Campbell General Plan. Further, the applicant is 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. The lead department with which the applicant will work is identified on each condition. 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. Approved Project This approval is for a use permit to allow the establishment of an animal shelter and licensing facility at an existing industrial building located at 100 Gilman Avenue in a P-D (Planned Development) Zoning District. Development shall be substantially as shown on the materials listed below, except as may be modified by conditions contained herein. Site plan submitted for 100 Gilman Avenue, dated August 22, 1994, as modified be the Community Development Department staff. If at any time the use is not in compliance with conditions herein, or State, County, or local requirements, the use permit may be revoked pursuant to Section 21.72. 110 of the Campbell Municipal Code. Resolution No. 2935 UP 94-13 --100 Gilman Avenue (Central Animal Hospital) Adopted on September 13, 1994 Page3 ge o e o Hours of Operation Hours of operation shall be limited from 7:00 a.m. to 7:00 p.m. Parking Prior to the issuance of any occupancy permits, a minimum of 10 parking spaces shall be provided and maintained on site for the proposed use. One of the required spaces shall be designed for handicap access pursuant to the City of Campbell Parking and Loading Ordinance. Landscaping Prior to the issuance of any occupancy permits, landscaping and irrigation improvements shall be provided on site pursuant to Community Development Department staff modifications. Landscaping shall include: · Placement of six canopy trees (15 gallon minimum) and shrubbery in an eight foot wide planter along the rear (east) property line; · Placement of five canopy trees (15 gallon minimum) and shrubbery in the planter areas shown on the approved site plan; and, In addition to the landscaping the applicant is required to provide a trash enclosure that is designed to contain the appropriately sized dumpster, subject to the approval of the Community Development Department. Fire Codes The facility must comply with all applicable regulations adopted by the State, and the Central Fire District. Other Permits The applicant must obtain all necessary permits from the County of Santa Clara and the State of California. Building Permits The following building permit violations must be corrected pursuant to the Building Division letter dated June 6, 1994: · Penetration of property line fire wall; · Additions and modifications of offices and mezzanines; and, Modifications and extensions to mechanical, electrical and plumbing sub-systems. Resolution No. 2935 UP 94-13 --100 Gilman Avenue (Central Animal Hospital) Adopted on September 13, 1994 Page 4 ge Noise Prior to the issuance of any occupancy permits the applicant shall complete the improvements outlined in the Noise Study conducted by Environmental Consulting Services dated July 11, 1994. Said improvements include but are not limited to sealing all exterior building cracks such as those between metal roll up doors and frames, and providing baffling for the existing ventilation system. In the event that the Planning Division determines that excessive noise is audible from the building, the Central Animal Hospital would be precluded from keeping the type of animal responsible for the noise at the facility until such time as measures were completed to prevent the noise. Any required building permits must be obtained prior to construction. e Drainage Prior to the issuance of occupancy permits, the applicant shall provide three copies of on site drainage plans that show all storm water and run- off collected on site and conveyed underground to an existing public underground storm drain system. 10. Building Exterior Prior to the issuance of any occupancy permits the building shall be painted. Trim and main colors shall be submitted to and approved by the Community Development Director. PASSED AND ADOPTED this 13th day of September, 1994, by the following roll call vote: AYES: Commissioners: Alne, Higgins, Kearns, Lindstrom, Lowe, Meyer-Kennedy, Perrine NOES: Commissioners: None ABSENT: Commissioners: None S~T:,~ ~"~~~~~./- .--- . --~ JayP[rrlne, Chairperson ATrE Steve"'~Sia se cki,~S~ecretary ~