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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. Planning Commission Resolution No.4095 PLN2013-23 - 1614 W. Campbell Avenue -Zoom Room -Conditional Use Permit Page 2 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 Planning Commission Resolution No.4095 PLN2013-23 - 1014 W. Campbell Avenue -Zoom Room -Conditional Use Permit Page 3 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, Planning Commission Resolution No.4095 PLN2013-23 - 1514 W. Campbell Avenue -Zoom Room -Conditional Use Permit Page 4 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. Planning Commission Resolution No.4095 PLN2013-23 - 1614 W. Campbell Avenue -Zoom Room -Conditional Use Permit Page 5 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. Planning Commission Resolution No.4095 PLN2013-23 -1614 W. Campbell Avenue -Zoom Room -Conditional Use Permit Page 6 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. Planning Commission Resolution No.4095 PLN2013-23 - 1014 W. Campbell Avenue -Zoom Room -Conditional Use Permit Page 7 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 Planning Commission Resolution No.4095 PLN2013-23 - 1614 W. Campbell Avenue -Zoom Room -Conditional Use Permit Page 8 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