PC Res 4095RESOLUTION NO. 4095
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE
PERMIT (PLN2013-23) TO ALLOW THE ESTABLISHMENT OF A
DOG RETAIL AND TRAINING CENTER (ZOOM ROOM) WITHIN
AN EXISTING TENANT SPACE ON PROPERTY LOCATED AT
1614 W. CAMPBELL AVENUE.
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 PLN2013-23:
Environmental Finding
1. The project qualifies as a Categorically Exempt project under Section 15301 Class 1 of
the California Environmental Quality Act (CEQA) pertaining to minor alterations to an
existing private structure, involving negligible or no expansion of use beyond that
existing at the time of the lead agency's determination.
Evidentiary Findings
1. The project site is located on the south side of West Campbell Avenue, between Fulton
Street and South San Tomas Aquino Road in the Kirkwood Plaza Shopping Center.
The property is surrounded by commercial land uses to the north, east and west and
multi-family residential uses to the south.
2. The proposed dog training and retail training supply business is consistent with the
Neighborhood Commercial General Plan land use designation for the project site.
3. The proposed use is consistent with the requirements of the C-1 (Neighborhood
Commercial) zoning district and will be consistent with the Zoning Ordinance with the
approval of a Conditional Use Permit.
4. The project site consists of 3,375 square foot existing tenant space within a 4.7 acres
commercial shopping center developed with 90,076 sq. ft. of building area, 16,377
square feet of landscaping, and 98,265 square feet of paving.
5. No exterior modification to the building or site configuration is proposed in conjunction
with the requested use.
6. The dog training and retail training supply business includes training for up to eight
dogs per class and is limited to one class per hour.
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7. The hours of operation shall be restricted to:
• Business Hours: 9:00 AM to 8:00 PM, Daily
• Operational Hours: 8:00 AM to 9:00 PM, Daily
8. The previous use on site generated a higher parking demand than the proposed use.
As such, the existing parking supply will adequately meet the demands generated by
the change in use, and will not be detrimental to the overall parking and circulation to
the shopping center and the surrounding areas.
9. The proposed use is consistent with other developments and uses in the surrounding
area.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed project is consistent with the General Plan.
2. 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 Municipal Code.
3. The proposed use will not create a nuisance due to litter, noise, traffic, vandalism, or
other factors.
4. The proposed use will not significantly disturb the peace and enjoyment of the nearby
residential neighborhood.
5. The proposed use will not significantly increase the demand on City services.
6. The 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.
7. The site is adequately served by streets of sufficient capacity to carry the kind and
quantity of traffic the use would be expected to generate.
8. 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.
9. 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
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use, or be detrimental or injurious to property and improvements in the neighborhood
or to the general welfare of the City.
10. 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.
11. There is a reasonable relationship and a rough proportionality between the conditions
of approval and the impacts of the project.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional
Use Permit (PLN2013-23) to allow the establishment of dog retail and training center
(Zoom Room) within an existing tenant space on property located at 1614 W. Campbell
Avenue.
Where approval by the Director of Community Development, 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. Approved Project: Approval is granted for a Conditional Use Permit (PLN2013-23) to
allow the establishment of a dog training and retail training supply business located at
1614 W. Campbell Avenue. The project shall substantiaaly conform to the project plans
and business narrative received by the Planning Division on January 22, 2013, except
as may be modified by the Conditions of Approval contained herein.
2. Permit Expiration: The Conditional Use Permit (PLN2013-23) approval shall be valid for
one (1) year from the date of final approvals. Within this one-year period a building
permit must b~e obtained. Failure to meet this deadline will result in the approval being
rendered void.
Planning Final Required: Planning Division 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.
4. Operational Standards: The operation of the dog training and retail training supply
business shall be subject to the following operational standards. Non-compliance with
these standards, or any other conditions of approval specified herein or any standards,
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codes, or ordinances of the City of Campbell or State of California shall be grounds for
consideration of revocation of the Conditional Use Permit by the Planning Commission.
a. Dog Training Facility: Operation of the dog training and retail training supply
business shall be in full compliance with all conditions of approval herein and the
City of Campbell Municipal Code.
b. Animal Boarding Prohibited: The boarding of animals is prohibited at all times. At
least one adult owner shall remain with their dog on site at all times.
c. Operational Hours: Business Hours shall be restricted to 9:00 AM to 8:00 PM,
daily. By the end of Business Hours all participants, barring an emergency, shall
have exited the premises. The Hours of Operation shall be restricted to 8:00 AM to
9:00 PM, daily. By the end of the Hours of Operation all employees shall be off the
premises.
d. Class Times: Classes shall be staggered to provide a ten (10) minute separation
between sessions to allow vehicular traffic and use of on-site parking to dissipate.
e. Class/Testing Activity Size: Dog training classes shall be restricted to no greater
than 8 owners and dogs per class.
f. Number of Classes/Testing Activities: There shall be only one class held at any
given time.
g. Complaints: In the event that a substantiated parking complaint is received, the
Community Development Director may immediately modify the size of classes
and/or limit the hours of business subject to the project being brought back to the
Planning Commission for review.
h. Class Location: All classes associated with the use shall be located indoors.
i. Animal Waste Disposal Supplies: In order to ensure that there are readily
accessible supplies for animal owners to clean up after their pets, the business
operator shall install a waste disposal baggie station on the exterior of the tenant
space and ensure that supplies are adequately stocked at all times the business is
open to the public.
j. Property Maintenance: The owner/operator of the subject property shall monitor
the exterior areas adjacent to the tenant space and remove all found animal waste
in a lawful manner.
k. Interior Sanitary Cleaning: The business owner shall install an appropriate water
proof barrier along the interior walls to ensure that no damage will occur from
cleaning activities.
I. Loitering: There shall be no loitering allowed outside the business. The business
owner is responsible for monitoring the premises to prevent loitering.
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m. Noise:
1. Noise Level: Regardless of decibel level, and taking into consideration the noise
levels generated by the animals on site, no noise generated from the use shall
unreasonably offend the senses or obstruct the free use of neighboring
properties so as to unreasonable interfere with the comfortable enjoyment of the
adjoining properties.
2. Public Address System: A public address system is not permitted.
3. Noise Management: In the event verified complaints are received by the City
regarding excessive 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.
n. Outdoor Storage: No equipment, materials or business vehicles shall be parked
and/or stored outside or within the parking lot.
o. 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 8:00 AM and 9:00 PM daily.
p. Landscape Maintenance: The owner/operator of the property shall provide on-
going maintenance of the existing on-site ad off-site landscaping.
5. Location of Mechanical Eauipment: 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.
6. Si na e: No signage is approved as part of the development application approved
herein. Any signage request shall comply with the approved Master Sign Program
associated with the Kirkwood Shopping Center. A copy of the Master Sign Program
may be obtained from the City of Campbell Planning Division counter.
7. 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.
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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:
8. Permits Required: A building permit application shall be required for the proposed
tenant improvement in the existing vacant commercial space. The building permit shall
include Electrical/Plumbing/Mechanical fees when such work is part of the permit.
9. Construction Plans: The Conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
10. Size of Plans: The minimum size of construction plans submitted for building permits
shall be 24 in. X 36 in.
11. 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.
12. 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 sham also be clearly called out. Site parking and path of travel to public
sidewalks shall be detailed.
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13. Title 24 Energy Compliance: California Title 24 Energy 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.
14. 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 1:he 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.
15. Non-point Pollution Control Program: 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.
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 (378-2407)
b. Santa Clara County Fire Department (378-4010)
19. 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. and E. concerning utility
easements, distribution pole locations and required conductor clearances.
20. Storm Water Requirements: Storm water run-off from impervious surface created by
this permitted project shall be directed to vegetated areas on the project parcel. Storm
water shall not drain onto neighboring parcels.
COUNTY FIRE DEPARTMENT
21. Development Review: Review of this development proposal is limited to acceptability
of site access and water supply as they pertain to fire department operations, and shall
not be construed as a substitute for formal plan review to determine compliance with
adopted model codes. Prior to performing any work, the applicant shall make
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application to, and receive from, the Building Department all applicable construction
permits.
PASSED AND ADOPTED this 12th day of March, 2013, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners
ABSTAIN: Commissioners:
~ /) 1
ATTEST:
Pau
Brennan, Razumich, Resnikoff, Reynolds and Roseberry
None
Gibbons
Finch
APPROVED: ~
Philip C. Reynolds, C air.
yan, Secretary