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PC Res 3809 RESOLUTION NO. 3809 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2007 -49) TO ALLOW THE ESTABLISHMENT OF A PET FOOD AND SUPPLY STORE, INCLUDING ANIMAL GROOMING FACILITIES, ON-SITE VACCINATION SERVICES, ON-SITE PET ADOPTION SERVICES AND NEW STOREFRONT IMPROVEMENTS AT AN EXISTING COMMERCIAL BUILDING (FORMERLY TOWER RECORDS) ON PROPERTY OWNED BY MS. VIRGINIA HUSTED LOCATED AT 1900 S. BASCOM AVENUE IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR. JIM MOORE, ON BEHALF OF PET FOOD EXPRESS. FILE NO.: PLN2007-49. 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 PLN2007-49. 1. The proposed pet food and supply store, including self-service grooming, on-site adoptions and vaccinations is consistent with the General Commercial General Plan land use designation shown for the project site. 2. The proposed use will be compatible with the C-2-S (General Commercial) zoning designation with approval of a Conditional Use Permit. 3. The project site consists of an 11,109 sq ft., one story building accommodating the pet food and supply store. 4. The proposed site plan depicts that approximately 10 percent of the site will be landscaped, where a minimum 10 percent is required. 5. The project site is located on the southeast corner of South Bascom Avenue and McBain Avenue. The property is surrounded by a commercial uses to the north, south, and west, and residential uses to the east. 6. The proposed project is consistent with other commercial developments and uses in the surrounding area. 7. Exterior modifications to the building are proposed that provide an attractive commercial building. 8. The hours of operation of the retail store shall be 9:30 a.m. to 8:00 p.m. Monday through Friday, 9:00 a.m. to 7:00 p.m. on Saturdays and 10:00 a.m. to 6:00 p.m. on Sundays. Planning Commission Resolution No. 3809 PLN2007 -49 - 1900 S. Bascom Avenue - Use Permit - Pet Food Express Page 2 9. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 of the California Environmental Quality Act (CEQA), pertaining to minor alterations to existing private structures. 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 establishment will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 4. The establishment will not significantly disturb the peace and enjoyment of the nearby residential neighborhood. 5. The establishment will not significantly increase the demand on City services. 6. 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. 7. 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. 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 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. Planning Commission Resolution No. 3809 PLN2007 -49 - 1900 S. Bascom Avenue - Use Permit - Pet Food Express Page 3 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 (PLN2007 -49) to allow the establishment of a pet food and supply store, including animal grooming facilities, on-site vaccination services, on-site pet adoption services and new storefront improvements at an existing commercial building (formerly Tower Records) on property owned by Virginia Husted located at 1900 S. Bascom Avenue in a C-2-S (General 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 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. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning Commission approval, the applicant shall sign the final approved set of Conditions of Approval. Until said Conditions are signed, the proposed Use Permit shall not be valid for any permits sought from the City. 2. Approved Proiect: Approval is granted for a Conditional Use Permit (PLN2007 -49) to allow the establishment of a retail pet food and supply store with self-service animal grooming, on-site adoptions and on-site vaccinations on property, with a storefront improvement located at 1900 S. Bascom Avenue. The building and site design shall conform to the project exhibits listed below, except as may be modified by the conditions of approval herein: a. Revised project plans prepared by Hayashida Architects Design received by the Planning Division on May 16, 2007, including a site plan, floor plans, landscape plan, elevations, and trash enclosure details.* i. The applicant shall submit revised plans modifying the proposed canopies for review and approval by the Community Development Director. The proposed canopies shall not extend past the future property line and shall not extend over the future right-of-way dedication area. b. Color board received by the Planning Division on April 03, 2007.* Planning Commission Resolution No. 3809 PLN2007-49 - 1900 S. Bascom Avenue - Use Permit - Pet Food Express Page 4 c. The Applicant shall submit the following modifications to the proposal for the approval of the Community Development Director:* i. Bascom Avenue Facade Entrance: Revisions to the Bascom Avenue fayade shall be reviewed and approved by the Community Development Director to include a more street-friendly entrance element directly on the Bascom Avenue street frontage. ii. Review of Floor Plan: The applicant shall provide a proposed floor plan for the approval of the Community Development Director. Place merchandise away from the Bascom Avenue frontage windows and use Low-E glass to prevent damage to merchandise located near these west-facing windows. iii. Review of Landscape Plan: The applicant shall provide a final landscape plan and tree removal application (if necessary) for the review and approval of the Community Development Director. * Planning sign off is required to 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. 3. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be valid for two years from the date of final approval. Within this two-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. 4. 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. 5. Propertv 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. 6. Landscape Plan: The applicant shall submit four sets of a landscape and irrigation plans to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director. The landscape and irrigation plan shall substantially conform to the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS). In addition, pet friendly landscaping materials are encouraged, including pet safe shrubbery and flowers. Planning Commission Resolution No. 3809 PLN2007-49 - 1900 S. Bascom Avenue - Use Permit - Pet Food Express Page 5 7. LiQhtinQ: The applicant shall submit four sets of a site plan depicting the following: a. Location and detail of on-site lighting. Site lighting shall be designed to provide safe and adequate illumination, while complying with the City of Campbell's lighting design standards pursuant to CMC Section 21.16.060 (Le. prevention of off-site light intrusion). 8. Location of Mechanical Equipment: No roof-mounted mechanical equipment (Le. 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. 9. Trash and RecvclinQ Enclosure: The applicant shall submit details regarding the design and location of a trash and recycling enclosure(s) to the Planning Division for review and approval by the Community Development Director prior to the issuance of building permits for the project. a. The trash enclosure shall be of a sufficient size to enclose not only the trash enclosures, but also all recycling containers as required. The trash and recycling containers shall be of a size and quantity necessary to serve the new use and shall be located in an area approved by the Fire Department and Community Development Director. b. Unless otherwise noted, enclosures shall consist of a concrete floor surrounded by a six-foot high solid wall with a decorative cap and have decorative doors and designed to be architectural compatible to the buildings. The enclosure shall be constructed at grade level and have a level area adjacent to the trash enclosure area to service the containers. 10. Outdoor StoraQe: 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. Shoppinq Carts: Shopping carts shall be stored within the enclosed building at all times when not in use, including but not limited to overnight storage. Store personnel shall retrieve discarded shopping carts from the exterior of the building at least once per hour. 12. 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 Planning Commission Resolution No. 3809 PLN2007-49 - 1900 S. Bascom Avenue - Use Permit - Pet Food Express Page 6 hearing capacity from any residential property. Public address systems of all types are strictly prohibited. b. Noise ManaQement: 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 Rear Door: The front and rear doors to the business shall not remain in an open position during business hours. 13. Trash & Clean Up: Trash and clean up shall not be done in the evening or early morning hours. All trash and clean up shall be done between 7:00 a.m. and 10:00 p.m. daily. 14. Outdoor Activities: There shall be no outdoor business-related activities and/or events outside of the approved enclosed structure at any time. 15. Business Operational Hours: The hours of operation for retail pet food and supply store shall be allowed between 7:00 a.m. and 10:00 p.m. At no time shall business related activity of any kind occur between the hours of 11 :00 p.m. and 6:00 a.m. 16. On-Site Adoptions and Vaccinations: On-site adoptions and vaccinations shall occur only on Saturdays and Sundays and within the enclosed retail location. At no time shall adoptions or vaccinations occur outside, within a temporary structure or from a vehicle. 17. ParkinQ and Drivewavs: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. 18. Construction MitiQation Measures: The applicant shall implement the following construction mitigation measures: a. Dust and Run-Off L Use dust-proof chutes for loading construction debris onto trucks. iL Water or cover stockpiles of debris, soil, and other materials than can be blown away by the wind. iiL Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of free board. iv. Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at the construction site. Planning Commission Resolution No. 3809 PLN2007 -49 - 1900 S. Bascom Avenue - Use Permit - Pet Food Express Page 7 v. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets, as directed by the City Engineer. vL Enclose, cover, water, twice daily, or apply (non-toxic) soil stabilizers to exposed stockpiles (dirt, sand, etc.). b. Noise i. Construction activities will be limited to daytime hours of 8:00 am to 5:00 p.m. weekdays and 9:00 a.m. to 4:00 p.m. Saturdays. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. iL Truck routes to and from the construction site should be established and submitted to the city for review and approval prior to the issuance of a building permit. These truck routes shall avoid access to the project site via residential streets where possible. iii. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. iv. Unnecessary idling of internal combustion engines shall be strictly prohibited. v. 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. vi. Prior to the issuance of a 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. viL Construction equipment, vehicles, and workers associated with the development of the project shall not be permitted to park on any residential streets. c. No pile driving is allowed for construction of the project. d. All active construction areas shall be watered at least twice daily. Building Division 19. Permits Required: A building permit application shall be required for the proposed demolition of the (e) service station. A separate building permit application shall be required for the proposed new commercial structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. Planning Commission Resolution No. 3809 PLN2007 -49 - 1900 S. Bascom Avenue - Use Permit - Pet Food Express Page 8 20. 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. 21. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 22. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 inches by 36 inches. 23. 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. 24. Title 24 EnerQV Compliance: California Title 24 Energy Compliance Standards 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. 25. Special Inspections: 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. 26. Non-Point Source Pollution Control: 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. 27. 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. 28. Title 24 Accessibilitv - 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. 29. P.G.&E.: The applicant is advised to contact P.G.&E. 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 Planning Commission Resolution No. 3809 PLN2007-49 - 1900 S. Bascom Avenue - Use Permit - Pet Food Express Page 9 process. The applicant should also consult with P.G.&E. concerning utility easements, distribution pole locations and required conductor clearances. 3D. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District b. Santa Clara County Fire Department Public Works Department: 31. Preliminary Title Report: Prior to issuance of any grading or building permits for the site, the applicant shall provide a current Preliminary Title Report. 32. Rioht-of-Wav for Public Street Purposes: Prior to occupancy, the applicant shall cause additional right-of-way to be granted for public street purposes along the Bascom Avenue frontage to accommodate a 10-foot park strip and a 7-foot sidewalk. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City's review and recordation. 33. Street Improvements: Prior to issuance of building permits for the site, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for the construction of the standard public street improvements, as required by the City Engineer. The plans Shall include the following: a. Show location of all existing utilities within the new and existing public right of way including fiber optic conduits. b. Relocation of all existing utilities including utility boxes, fire hydrants, covers, poles, etc. outside of sidewalk and driveway areas. No utility boxes, covers, etc. will be allowed in the sidewalk or driveway areas. This includes the relocation of the existing fiber optic pull box to a location outside of the driveway and other sidewalk areas. Specific methods for the relocation of this fiber optic conduit as determined by the City must be followed to avoid potential damage to these fiber optic cables. The contractor must be careful not to damage the fiber optic cable. Repairs would be very expensive. The conduit may be less than a foot below the sidewalk. c. Removal of the entire existing sidewalk, curb, gutter and driveway approaches as determined by the City Engineer. d. Construction of necessary curb, gutter, sidewalk, landscaping and irrigation as needed where driveways are proposed to be removed. e. Installation of ADA compliant driveway approaches. Planning Commission Resolution No. 3809 PLN2007 -49 - 1900 S. Bascom Avenue - Use Permit - Pet Food Express Page 10 f. Removal of existing curb ramp and the installation of ADA compliant curb ramp at corner of Bascom Avenue and McBain Avenue. g. Installation of City Streetscape Standards including a 7 foot sidewalk, 10 foot landscaped park strip, curb, gutter, City approved street trees at approximately 30 feet on center, and irrigation. h. Construction of conforms to existing public and private improvements, as necessary. j. Replacement of existing underground utilities, boxes, meters as necessary. k. Installation of traffic control, stripes and signs as determined by the City Engineer. 34. Utilitv Encroachment Permit: Separate permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work. 35. Occupancv: Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City, and all dedication of right of way shall be completed. 36. Maintenance of LandscapinQ: Current and future owner(s) are required to maintain the landscaped park strip in the public right-of-way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. 37.Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer c1eanout(s) shall be relocated or installed on private property behind the public right-of-way line. 38. Utilities: All new on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 39. Utilitv Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. Planning Commission Resolution No. 3809 PLN2007 -49 - 1900 S. Bascom Avenue - Use Permit - Pet Food Express Page 11 40. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. Bascom Avenue was recently overlaid in FY 00/01, and portions are schedule for overlay in FY 06/07. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project 41. Additional Street Improvements: Should any new utility main lines or other work required to service the development that affects any public improvements, the City may add conditions to the development/project, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City. PASSED AND ADOPTED this 22nd day of May, 2007, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Doorley, Francois, Gibbons and Roseberry None Ebner and Rocha None APPROVED: ?~ Bob Roseberry, Acting ATTEST: Acknowledged & Accepted Jim Moore, Applicant On behalf of Pet Food Express