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PC Res 4638 RESOLUTION NO. 4638 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING APPROVAL OF A CONDITIONAL USE PERMIT (PLN-2021-195) TO ALLOW A VETERINARY CLINIC AND ANIMAL HOSPITAL USE WITHIN AN EXISTING COMMERCIAL TENANT SPACE LOCATED AT 2020 S. BASCOM AVENUE SUITE C, D, AND E IN THE C-2 (GENERAL COMMERCIAL) ZONING DISTRICT. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission did find as follows with regard to application PLN-2021-195: 1. The project site is zoned C-2 (General Commercial) and designated General Commercial by the General Plan. 2. The project site is the approximately 0.33-acre commercial shopping center located at 2000 and 2020 South Bascom Avenue, which is comprised of two buildings. 3. The subject use, Dry Creek Animal Hospital, occupies an approximately 3,366 square- foot commercial tenant space located towards the middle of the center. 4. The proposed project is an application for a Conditional Use Permit to allow a veterinary clinic and animal hospital use (d.b.a. Dry Creek Animal Hospital). 5. As described by the applicant's Written Description, Dry Creek Hospital is a veterinary and animal hospital use that will serve small animals. 6. In the C-2 (General Commercial) zoning districts, ‘veterinary clinic and animal hospital’ are identified as a Conditional Use. 7. A ‘veterinary clinic and animal hospital’ is defined by CMC 21.72 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.” 8. The proposal does not result in any additional floor area or exterior changes to the existing buildings. 9. The business would operate between 7:00 A.M. and 8:00 P.M. daily for customer serving hours and operate between 7:00 A.M. to 9:00 P.M. daily for staff operation hours, and accordingly, would not constitute a late-night use. 10. The site provides approximately 77 parking spaces which are shared between all tenants. Based on the Site Approval (S89-08), the established parking ratio for the site Planning Commission Resolution No. 4638 Page 2 of 7 2020 S. Bascom Avenue Conditional Use Permit (PLN-2021-195) – Veterinary Clinics and Animal Hospitals is 1 parking space per 200 gross square feet. In the S89-08 approval, the amount of retail space was capped at 9,330 square feet and the maximum seating for the restaurant was restricted to 113 seats as a condition of approval. As a result, this condition of approval established a “retail” baseline at 1:200 square feet for future tenants and a 113 seat cap for restaurants. Pursuant to Section 21.28.040(D)(2) of the Campbell Municipal Code (CMC), when a legally established structure is enlarged or increased in capacity, the difference in the required number of parking spaces for the new use and the existing use only needs to be provided. The previous use was a personal services, general use (i.e. a beauty salon), which requires 1 parking space per 250 square feet of gross floor area, but not less than 2 spaces per use. The Site Approval (S89-08) allowed a parking ratio of 1 parking space per 200 gross square feet to be applied to the site, which is less than the parking ratio for the previous use. Therefore, there are no new parking spaces the proposed veterinary clinic and animal hospital use must provide. 11. The business is located a minimum of 50-feet away from residential uses, would incorporate appropriate noise and odor mitigation, and be limited to the treatment of small animals as specified by CMC Section 21.36.250. 12. Applicable General Plan Policies considered by the Planning Commission included, but were not limited to, the following: 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. 13. In review the proposed project, the Planning Commission also weighed the public need for, and the benefit to be derived from, the project, against any impacts it may cause. 14. 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. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Conditional Use Permit Findings (CMC Sec. 21.46.040): 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; 2. The proposed use is consistent with the General Plan; Planning Commission Resolution No. 4638 Page 3 of 7 2020 S. Bascom Avenue Conditional Use Permit (PLN-2021-195) – Veterinary Clinics and Animal Hospitals 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; 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; 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; 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; Environmental Finding(s) (CMC Sec. 21.38.050): 7. The project is Categorically Exempt under Section 15301 (Class 1) of the California Environmental Quality Act (CEQA), pertaining to the operation and leasing, and minor alteration of an existing private structure. 8. 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. THEREFORE, BE IT RESOLVED that the Planning Commission grants approval of a Conditional Use Permit (PLN-2021-195) to allow a veterinary clinic and animal hospital use within an existing building located at 2020 South Bascom Avenue, Suite C, D, and E subject to the attached Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 26th day of April, 2022, by the following roll call vote: AYES: Commissioners: Rivlin, Ching, Zisser, Buchbinder, Kamkar, and Krey NOES: Commissioners: ABSENT: Commissioners: Ostrowski ABSTAIN: Commissioners: APPROVED: Stuart Ching, Chair ATTEST: Rob Eastwood, Secretary Stuart Ching (Apr 17, 2023 20:41 PDT) EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit (PLN-2021-195) 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 (PLN-2021-195) to allow a veterinary clinic and animal hospital use (d.b.a. Dry Creek Animal Hospital) within an existing commercial tenant space located at 2020 S. Bascom Avenue. The project shall substantially conform to the Project Plans and Written Description included as Attachments 3 and 4 in the April 26, 2022 Planning Commission Staff Report, except as may be modified by the Conditions of Approval contained herein. 2. Permit Approval Expiration: The Conditional Use Permit approval shall be valid for one year from the effective date of the approval (expiring May 6, 2023). Within this one- year period an application for a building permit must be submitted. Failure to meet this deadline or expiration of an issued building permit will result in the Approval being rendered void. Abandonment, discontinuation, or ceasing of operations for a continuous period of twelve months shall void the Conditional Use Permit approved herein without the need for formal revocation by the decision-making body. 3. Compliance with Animal Ordinance: Operation of the use shall comply with all applicable provisions of Campbell Municipal Code (CMC) Title 7 – Animals. 4. Operational Standards: Consistent with the submitted Written Descriptions and City standards, a veterinary clinic and animal hospital use operating pursuant to the Conditional Use Permit approved herein shall conform to the following operational standards. Significant deviations from these standards (as determined by the Community Development Director) shall require approval of a Modification to the Conditional Use Permit. a. Small Animals Only: Treatment shall be confined to small animals, such as dogs, cats, birds, and the like. b. Noise Mitigation: The veterinary clinic and animal hospital use shall be maintained with completely enclosed, soundproof building constructed of materials which will insure that no sound exceeding 65 decibels shall be audible on the exterior of the building. The clinic shall also be provided with air-conditioning that is adequate to prevent the necessity of opening doors and windows for ventilation purposes. Planning Commission Resolution No. __ Page 2 of 7 2020 S. Bascom Avenue Conditional Use Permit (PLN-2021-195) – Veterinary Clinic and Animal Hospital c. Odor Mitigation: The veterinary clinic and animal hospital use shall be designed and operated in a manner so as to guarantee that no objectionable odors or noises shall be produced outside its walls, and provisions for the off-site disposal of all dead animals and of all waste materials shall be made in compliance with County health standards. The removal of waste material and dead animals shall be done so as to guarantee that no obnoxious odor is produced. There shall be no burning or other disposal of dead animals on the premises. d. Restraint of Animals: Animals shall be restrained by means of a secure dog crate or leash held by an adult while traveling to and from a secure area inside the business. At no time shall any animal be unrestrained outside the building. e. Parking Management: In the event that three verifiable complaints are received by the City regarding parking, the Community Development Director may require establishment of limited duration parking, reduce the permitted occupancy, limit the hours of operation, require greater staggering of visits, require additional parking management strategies and/or return the project to the Planning Commission for review. f. Hours of Operation: Hours of operation shall be as follows. By the end of 'Business Hours', all customers shall have exited the premises. By the end of the 'Operational Hours' all employees shall be off the premises. Operational/Staff: 7:00 AM – 9:00 PM, Daily Business/Public: 7:00 AM – 8:00 PM, Daily g. Trash Disposal and Clean-Up: All trash disposal, normal clean-up, carpet cleaning, window cleaning, sidewalk sweeping, etc. shall occur during the "operational hours." h. Business License: The business shall be required to obtain and maintain a City business license at all times. i. Smoking: "No Smoking" signs shall be posted on the premises in compliance with CMC Section 6.11.060. 5. Windows & Doors: At no time shall an obscure wall or barrier (i.e. drapery, window tinting, blinds, furniture, inventory, shelving units, storage of any kind or similar) be installed along, behind or attached to windows or doorways that blocks visual access to the tenant space or blocks natural light. This shall specifically apply to the lobby area only. 6. 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. Exterior areas of the business shall include not only the parking lot and private landscape areas, but also include the public right-of-way adjacent to the business. Trash receptacles shall be maintained within their approved enclosures at all times. 7. Landscape Maintenance: All landscaped areas shall be continuously maintained in accordance with City Landscaping Requirements (CMC 21.26). Landscaped areas shall be watered on a regular basis so as to maintain healthy plants. Landscaped areas shall Planning Commission Resolution No. __ Page 3 of 7 2020 S. Bascom Avenue Conditional Use Permit (PLN-2021-195) – Veterinary Clinic and Animal Hospital be kept free of weeds, trash, and litter. Dead or unhealthy plants shall be replaced with healthy plants of the same or similar type. 8. Signage: No signage is approved as part of the development application approved herein. New signage shall not be installed prior to approval of a sign permit. 9. 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. 10. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment, materials or business vehicles shall be parked and/or stored outside the building or within the parking lot. 11. Parking and Driveways: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. Parking spaces shall be free of debris or other obstructions. 12. Revocation of Permit: Operation of a veterinary clinic and animal hospital use pursuant to the Conditional Use Permit approved herein is subject to Chapter 21.46 of the Campbell Municipal Code authorizing the appropriate decision making body to modify or revoke an Conditional Use Permit if it is determined that its operation has become a nuisance to the City’s public health, safety or welfare or for violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell. At the discretion of the Community Development Director, if the establishment generates three (3) verifiable complaints related to violations of conditions of approval and/or related to its operation within a six (6) month period, a public hearing may be scheduled to consider modifying conditions of approval or revoking the Conditional Use Permit. The Community Development Director may commence proceedings for the revocation or modification of permits upon the occurrence of less than three (3) complaints if the Community Development Director determines that the alleged violation warrants such an action. In exercising this authority, the decision-making body may consider the following factors, among others: a. The number and types of noise complaints at or near the establishment that are reasonably determined to be a direct result of patrons’ actions or facility equipment; b. The number of parking complaints received from residents, business owners and other citizens concerning the operation of an establishment, including objectionable or obnoxious odors; and c. Violation of conditions of approval. Planning Commission Resolution No. __ Page 4 of 7 2020 S. Bascom Avenue Conditional Use Permit (PLN-2021-195) – Veterinary Clinic and Animal Hospital FIRE DEPARTMENT 13. Formal Plan Review: Review of this development proposal is limited to accessibility of site access and water supply and may include specific additional requirements 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 application to, and receive from, the Building Division all applicable construction permits. A plan review is required prior to any proposed tenant improvement. Resol 4638 ~ 2020 S Bascom Vet Use Final Audit Report 2023-04-18 Created:2023-03-30 By:Selina Perez Aquino (selinap@campbellca.gov) Status:Signed Transaction ID:CBJCHBCAABAAlMrLCAWznGZ3pHv4DEBaQXUGHIMWcXtJ "Resol 4638 ~ 2020 S Bascom Vet Use" History Document created by Selina Perez Aquino (selinap@campbellca.gov) 2023-03-30 - 10:26:48 PM GMT Document emailed to Rob Eastwood (robe@campbellca.gov) for signature 2023-03-30 - 10:27:08 PM GMT Document e-signed by Rob Eastwood (robe@campbellca.gov) Signature Date: 2023-04-13 - 7:43:05 PM GMT - Time Source: server Document emailed to sching19@gmail.com for signature 2023-04-13 - 7:43:06 PM GMT Email viewed by sching19@gmail.com 2023-04-18 - 3:41:01 AM GMT Signer sching19@gmail.com entered name at signing as Stuart Ching 2023-04-18 - 3:41:31 AM GMT Document e-signed by Stuart Ching (sching19@gmail.com) Signature Date: 2023-04-18 - 3:41:33 AM GMT - Time Source: server Agreement completed. 2023-04-18 - 3:41:33 AM GMT Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted.