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PC Res 2751RESOLUTION NO. 2751 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT ALLOWING OPERATION OF A PET HOSPITAL IN AN EXISTING BUILDING, ON PROPERTY LOCATED AT 137 EAST HAMILTON AVENUE, IN A C-1-S (NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT; APPLICATION OF MR. PHILIP J. SHANKER, DVM, FILE NO. UP 91-12. After notification and Public Hearing as specified by law on the application of Mr. Philip J. Shanker, DVM, allowing an existing building on property located at 137 East Hamilton Avenue, in a C-1-S (Neighborhood Commercial) Zoning District, as per the application filed in the Planning Department on May 1, 1991. 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 91-12: The General Plan allows a density range of 6 dwelling units per gross acre on the subject site. 2. The proposal will result in a density of 2.9 dwelling units per gross acre. 3. The parking provided meets the code requirements. The project is single story which minimizes impacts on neighboring properties. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: The proposed project, subject to the conditions imposed, will be consistent with the General Plan; and, The proposed project, subject to the required conditions, will aid in the harmonious development of the immediate area. Based upon the above findings, the Commission approves UP 91-12, subject to the following Conditions of Approval. Resolution No. 2751 Adopted May 28, 1991 page two SITE AND BUILDING DESIGN 1. This approval is for a Use Permit located on a 20,863 square foot site identified as Assessor's Parcel Number 279-27-39. Development shall be substantially as shown on the project materials listed below, expect as may be modified by conditions contained herein: ao Project drawings for 137 E. Hamilton Avenue prepared by MMAP consisting of Site Plan, dated May 1, 1991. bo Perspective drawing of the eastern portion of the existing building. STREET/SITE IMPROVEMENTS 2. The parking area shall be repaved and striped. o All parking and driveway areas to be developed in compliance with Chapter 21.50 of the Campbell Municipal code. Ail parking spaces to be provided with appropriate concrete curbs or bumper guards. (Planning) Sign application to be submitted in accordance with provisions of the Sign Ordinance for all signs. No sign to be installed until application is approved and permit issued by Planning and Building Departments (Section 21.53 of the Campbell Municipal Code). (Planning) 5. The fence along the eastern portion of the property shall be repaired. ° Fencing plan indicating location and design details of fencing to be repaired shall be submitted to the Planning Department and approved by the Planning Director prior to issuance of a building permit. A color sample and detailed elevation of the canopy cover shall be submitted to the Planning Department for approval by the Site and Architectural Review Committee. LANDSCAPING 8. Landscaping plan indicating type and size of plant material, and irrigation system to be submitted to the Planning Department and approved by the Site and Architectural Review Committee prior to issuance of a building permit. Proposed plant materials shall comply Resolution No. 2751 Adopted May 28, 1991 page three with the City of Campbell's Water Efficient Landscape Standards (WELS). (Planning) An arborist report indicating measures to minimize the damage occurring by the uprooting trees along the eastern side of the building shall be submitted to the Planning Department prior to repaving of the parking facility. All measures to minimize damage shall be made according to the final report. 10. A planter shall be constructed around the northern tree along the eastern portion of the building. PROPERTY MANAGEMENT/UTILITIES 11. The applicant is hereby notified that the property is to be maintained free of any combustible trash, debris and weeds, until the time that actual construction commences. 12. Ordinance No. 782 of the Campbell Municipal Code stipulates that any contract for the collection and disposal of refuse, garbage, wet garbage and rubbish produced within the limits of the City of Campbell shall be made with Green Valley Disposal Company. This requirement applies to all single-family dwellings, multiple apartment units, to all commerdal, business, industrial, manufacturing, and construction establishments. (Fire Department) 13. The Cat Hospital shall be designed and operated in such a manner as to guarantee that no objectionable odors or noise 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 such 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. PUBLIC SAFETY/WELFARE 14. Applicant shall comply with all appropriate State and City requirements for the handicapped. (Building) 15. Prior to operation occupant shall review all medical gases or other hazardous materials with the Fire Department and obtain any required permits for same. (Fire) PLANNING Resolution No. 2751 Adopted May 28, 1991 page four 16. Treatment at such clinic shall be confined to feline medical and surgical care. 17. Parking shall be provided on the ratio of five spaces per doctor. 18. The hours of normal operation shall be limited to 7:00 AM to 5:30 PM Monday through Friday, and 8:00 AM to 1:00 PM on Saturdays. However, emergency calls after hours are not prohibited. 19. Over night boarding shall be for treatment purposes only. The facility is limited to 100 cats. 20. The Cat Hospital shall comply with other state, county, and city ordinances, or portions thereof, which pertain to the use or zone wherein such use is conducted. Approval is effective ten days after decision of approval of the Planning Commission, unless an appeal is filed. Further, the applicant is notified as part of this application that he is required to comply with all applicable Codes and Ordinance of the City of Campbell and the State of California which pertain to this development and are not herein spedfied. PASSED AND ADOPTED this 28th day of May 1991, by the following roll call vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Alne, Higgins, Perrine, Dougherty, Wilkinson, Fox, Meyer-Kennedy None ATTEST: APPROVED: Steve Piasecki Secretary lane Meyer-Kennedy Chairperson