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PC Res 3786 RESOLUTION NO. 3786 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2006-172) TO ALLOW THE RELOCATIOON OF DOLPHIN PET VILLAGE TO AN EXISTING SHOPPING CENTER ON PROPERTY OWNED BY KIRKORIAN PROPERTY DEVELOPMENT LOCATED AT 1770 W. CAMPBELL AVENUE IN A C-1-S (NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT. APPLICATION OF MS. BRENDA ALBRECHT, ON BEHALF OF DOLPHIN PET VILLAGE. FILE NO: PLN2006-172. 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 PLN2006-172. 1. The proposed retail pet store is consistent with the Neighborhood Commercial General Plan land use designation for the project site. 2. The proposed retail pet store is consistent with the requirements of the C-1 Zoning District and will be consistent with the Zoning Ordinance with approval of a Conditional Use Permit. 3. The project site consists of a 1.02 acre lot, developed with 19,680 square feet of building area coverage, 2,800 square feet of landscaping, and 21,900 square feet of paving. 4. No exterior modifications to the building or site configuration are proposed in conjunction with the proposed establishment of the commercial school. 5. 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 east and west and residential uses to the north and south. 6. Business hours shall be restricted to 10 a.m. to 8:00 p.m. Monday through Friday, and 10:00 a.m. to 6:00 p.m. on Saturdays and Sundays. 7. The existing 48 parking spaces, with the provision of shared parking, will adequately meet the demands generated by the proposed use, and will not be detrimental to the overall parking and circulation to the shopping center and the surrounding areas. 8. The proposed use is consistent with other developments and uses in the surrounding area. Planning Commission Resolution No. 3786 PLN2006-172 - 1770 W. Campbell Avenue --Use Permit - Dolphin Pet Village Page 2 9. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA). 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 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. 7. 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. 8. 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 (PLN2006-172) to allow the relocation of Dolphin Pet Village to an existing shopping center on property owned by Kirkorian Property Development located at 1770 W. Campbell Avenue in a C-1-S (Neighborhood Commercial) Zoning District. 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 Planning Commission Resolution No. 3786 PLN2006-172 - 1770 W. Campbell Avenue --Use Permit - Dolphin Pet Village Page 3 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. Aooroved Proiect: Approval is granted for a Conditional Use Permit (PLN2006-172) to allow the establishment of a retail pet store in an existing tenant space at the Kirkwood Plaza Shopping Center on property located at 1770 W. Campbell Avenue. The project shall substantially conform to the project plans stamped as received by the Planning Division on November 16, 2006, and the project description stamped as received on November 16, 2006, except as may be modified by the conditions of approval contained herein. 2. Conditional Use Permit Aooroval Exoiration: The Conditional Use Permit approval shall be valid for one year from the date of final approval. Within this one-year period the use must be established on the property and the conditions of approval satisfied. Failure to meet this deadline will result in the Conditional Use Permit being void. 3. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission. 4. Animal Establishment Permit: The owner/operator of the subject business shall comply with all the requirements for an animal establishment pursuant to Section 7.20 of the Campbell Municipal Code. 5. Imoact on Existino Parkino in Relation to Future Restaurant Uses on Site: With this use, there will be three restaurant uses (Starbucks, Subway and Sato Japanese Cuisine). Any additional restaurant uses on this subject property (APN 279-35-031 - 330 E. Hamilton Avenue, Units 1-7) shall require Planning Commission approval to evaluate parking availability and impacts. 6. Business Ooerational Hours: The hours of operation (open to the public) shall be restricted to 10:00 a.m. to 8:00 p.m. Monday through Friday and 10:00 a.m. to 6:00 p.m. Saturdays and Sundays. All exterior business activities that generate noise shall be restricted to the hours of 8 a.m. to 10 p.m. Planning Commission Resolution No. 3786 PLN2006-172 - 1770 W. Campbell Avenue --Use Permit - Dolphin Pet Village Page 4 7. Prooertv 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. 8. Sionaoe: No signage is approved as part of the development application approved herein. All signage shall be installed and maintained consistent with the standards of Chapter 21.30 (Sign Ordinance) of the Campbell Municipal Code. 9. Outdoor Storaoe: 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. 10. Parkino and Drivewavs: All parking and driveway areas shall be maintained in compliance with the standards of Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. 11. Noise: a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, and/or music, generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. Public address systems of all types are strictly prohibited. b. Noise Manaoement: In the event complaints are received by the City regarding noise, the Community Development Director may immediately modify the hours of operation and/or limit the extended hours of operation, subject to the project being brought back to the Planning Commission for review. c. Front and Side Door: The front and side door to the business shall not remain in an open position during business hours. Building Division 12. Permits ReQuired: A building permit application shall be required for the proposed tenant improvement. The building permit shall include Electrical, Plumbing, or Mechanical fees when such work is part of the permit. 13. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 14. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches. 15. Plan Preoaration: 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. Planning Commission Resolution No. 3786 PLN2006-172 - 1770 W. Campbell Avenue --Use Permit - Dolphin Pet Village Page 5 16. 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 shall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. 17. Title 24 Enerav Comoliance: California Title 24 Energy Standards 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. 18. Soeciallnsoections: When a special inspection is required by U.B.C. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 19. Non-ooint Source Pollution Control Proaram. 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. 20. Title 24 Accessibilitv - 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. 21. Title 24 Hardshio Exemotion: 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. 22. P.G.& 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.& E. concerning utility easements, distribution pole locations and required conductor clearances. 23. Aoorovals ReQuired: The project requires the following agency approval prior to issuance of the building permit: a. Santa Clara County Fire Department b. West Valley Sanitation District Planning Commission Resolution No. 3786 PLN2006-172 - 1770 W. Campbell Avenue --Use Permit - Dolphin Pet Village Page 6 PASSED AND ADOPTED this 12th day of December, 2006, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Ebner, Francois, Gibbons, Rocha and Roseberry None None None APPROVED:~ ~t ~ Bomer~ Chair NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: