PC Res 3115 RESOLUTION NO. 3115
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING APPROVAL OF A
MODIFICATION TO A PREVIOUSLY APPROVED PLANNED
DEVELOPMENT PERMIT (PD 78-05) TO ALLOW THE CONVERSION OF
A RESTAURANT BUILDING TO A SPECIALTY VETERINARY OFFICE
ON PROPERTY LOCATED AT 106 E. CAMPBELL AVENUE, IN A PD
(PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF
DEAN DUBBE AND HELEN POWER.. FILE NO. M 97-11 (PD 78-05).
After notification and public heating, as specified by law, and after presentation by the Community
Development Director, proponents and opponents, the heating was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows with
respect to application M 97-11 (PD 78-05).
1. The proposed use will bring clients from outside the area into the downtown who normally would
not visit downtown Campbell.
2. The proposed use will have a retail component in addition to the consultation component.
3. The building and grounds are in disrepair, and the applicant has indicated a considerable
commitment to restrore and beautify the site.
4. The building is an historic building and should not be permitted to continue to decline.
5. An extensive effort has been undertaken to attract another restaurant use to the site, to no avail.
6. The building has been used by several past owners for medical office purposes.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that:
1. The proposed modification and improvements would result in a more desirable environment.
2. The proposed modification would not result in a situation contrary to the intent of the PD permit by
which the development was originally approved.
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions is in accordance with the ordinance of the City of Campbell and the State of
California. 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 Califomia that pertain to this
development and are not herein specified.
Planning Commission Resolution No. 3115
M 97-11 (PD 78-05) - 106 E. Campbell Avenue - Veterinary Clinic
Page 2
PLANNING DEPARTMENT
1. Approved Project: Approval is granted for a Modification to the previously approved Planned
Development Permit to allow a veterinary dermatologist consultation office and clinic, with a
retail component. Said approval is subject to the description of the use and concomitant
improvements to the building and grounds as indicated on the site plan and application for the
permit, except as modified by the Conditions of Approval.
Hours of Operation: The hours of operation shall be no greater than from 7 a.m. - 11 p.m.
weekdays, and 8 a.m. to 5 p.m. on Saturdays.
3. Size/type of Animals: Treatment shall be confined to small domestic animals.
Overnight Use: The approval does not permit the overnight boarding of animals, nor residential
use of the property, except for emergency purposes.
o
Noise: The entire clinic, including treatment rooms, cages or pens shall be maintained within a
completely enclosed, soundproofed building constructed of materials which will ensure that no
interior sound exceeding sixty-five decibels shall be audible on the exterior of the building. The
clinic shall be provided with air-conditioning which is adequate to prevent the necessity of
opening doors and windows for ventilation purposes.
o
Odor: The clinic shall be designed and operated in such a manner as to guarantee that no
objectionable odors or noises shall be produced outside its walls, and provisions for off-site
disposal of all waste materials shall be in compliance with county health standards.
°
Historical Preservation Board Review: Any exterior changes to the building and grounds shall be
submitted to the HPB for review.
°
Landscape Plan: A Landscape Plan shall be submitted for review by the City Landscape
Consultant for restoration and upgrade of the landscaping, prior to occupancy.
o
Utilities: All existing utilities existing and necessary for the use of the building as a restaurant
shall be retained.
10.
Timing and Guarantee of Improvements: The improvements shall adhere to the schedule
submitted by the applicant, except as modified by Public Works conditions for public right-of-
way and drainage improvements. The applicants shall post a faithful performance bond for any
exterior building, paving and landscaping work to be completed after occupancy.
11.
Reciprocal Access Agreement: The applicant shall record an agreement to provide reciprocal
vehicle access with the parcel to the immediately to the west (not into effect until owner of parcel
to the west also records such agreement).
Planning Commission Resolution No. 3115
M 97-11 (PD 78-05) - 106 E. Campbell Avenue - Veterinary Clinic
Page 3
FIRE AND BUILDING DEPARTMENTS
12. Permits: Any improvements shall be submitted for review and approval by the City Building
Department and the Santa Clara County Fire Department.
PUBLIC WORKS
13. Standard Street Improvements: Prior to issuance of any building permits for site, the applicant
shall cause plans for public improvements to be prepared by a registered civil engineer, pay fees,
post securities and provide insurance necessary to obtain an encroachment permit for
construction of the improvements, as required by the City Engineer. The plans shall include the
following:
Removal and replacement of the damaged sidewalk sections.
· Installation of tree wells, with street trees and irrigation at 40' on center.
· Widening of the existing sidewalk in the public right-of-way, behind new tree wells to
provide a 5' clear walkway and to comply with ADA requirements.
· Removal and replacement of easterly driveway approach to minimum 14' City standard
approach.
14.
Grading and Drainage: Prior to issuance of any building permits, the applicant shall refurbish,
remodel, and reconstruct the on-site drainage system, as necessary, to demonstrate that it is
functioning normally in accordance with the standards of the City as determined by the City
Engineer.
15. Parking Lot: Prior to issuance of occupancy for the site, applicant shall satisfy the following on-
site traffic mitigation measures required by the Traffic Engineer:
A. West driveway shall be used for outbound traffic and east driveway for inbound traffic. Low-
level signs and pavement arrows shall be placed to indicate entering and exiting driveways.
B. Shrubbery on west driveway shall be trimmed to a height not to exceed 36 inches.
C. All parking stalls shall be clearly marked, and a handicap stall shall be provided for access to
the front doorway.
16.
Completion of Public Street Improvements: Prior to issuance of occupancy approval for the site,
all public street improvements required by the encroachment permit must be completed and
accepted by the City Engineer/Council and the applicant must provide the one-year maintenance
security for 25% of the Faithful Performance Bond.
17.
Legal Lot: Prior to issuance of any building permits for the site, the applicant shall submit
information as requested by the City Engineer to verify that the property is one legally created
lot.
18. Title Report and Grant Deed: Provide a current Preliminary Title Report and Grant Deed.
Planning Commission Resolution No. 3115
M 97-11 (PD 78-05) - 106 E. Campbell Avenue - Veterinary Clinic
Page 4
19. Water Meters and Cleanouts: Install proposed new water meters and sewer cleanouts on private
property behind the public right-of-way line.
20.
Underground Utilities: All new on-site utilities shall be installed underground per Section
20.36.150 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 company.
21. Storm Water Management: Comply with California Storm Water Best Management Practices
Handbook, prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District.
PASSED AND ADOPTED this 26th day of August, 1997, by the following roll call vote:
AYES:
NOES: Commissioners: None
ABSENT: Commissioners: Jones, Lindstrom
ABSTAIN: Commissioners: None
~ //'/'7'
/ ~ APPROVED:
~f//r' 'x;// /Su'gan Keams, Chafi;~
SteveXl~ihsec*l~i, Secretary
Commissioners: Alne, Gibbons, Keams, Lowe, Meyer-Kennedy