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
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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.*
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PLN2007-49 - 1900 S. Bascom Avenue - Use Permit - Pet Food Express
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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.
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PLN2007-49 - 1900 S. Bascom Avenue - Use Permit - Pet Food Express
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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
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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
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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.
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PLN2007 -49 - 1900 S. Bascom Avenue - Use Permit - Pet Food Express
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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
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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.
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PLN2007 -49 - 1900 S. Bascom Avenue - Use Permit - Pet Food Express
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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.
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PLN2007 -49 - 1900 S. Bascom Avenue - Use Permit - Pet Food Express
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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