PC Res 3977RESOLUTION NO. 3977
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT
(PLN2009-141) TO ALLOW AN ANIMAL BOARDING FACILITY WITHIN
AN EXISTING COMMERCIAL BUILDING ON PROPERTY OWNED BY
MR. TOM JACKSON LOCATED AT 354 E. McGLINCY LANE.
APPLICATION OF MS. BRENDA SHEPARD. FILE NO. PLN2009-141.
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 PLN2009-141.
Environmental Finding
1. This project qualifies as Categorically Exempt under Section 15301 of the California
Environment Quality Act (CEQA), pertaining to the operation of an existing private
structure involving negligible or no expansion of use beyond that existing at the time
of the lead agency's determination.
Evidentiary Findings
2. The project site is designated Light Industrial on the General Plan Land Use Element
Map.
3. The project site is designated M-1 (Light Industrial) on the Zoning Map.
4. An animal boarding facility may be approved in M-1 (Light Industrial) Zoning District
with a Conditional Use Permit.
5. The submitted operational description describes the scope and training activity
associated with the animal boarding facility.
6. The project site is located on the east side of E. McGlincy Lane, between Cristich
Lane and Griffith Lane.
7. The project site consists of an 11,506 sq. ft. parcel, currently developed with atwo-
story commercial building.
8. The project site maintains 7 parking spaces. Based on the appropriateness of a
parking adjustment due to the limited nature of the extended stay animal boarding
operation, a parking adjustment is warranted. At no time shall less than 7 parking
spaces be available for use.
Planning Commission Resolution No. 3977
PLN2009-141 - 354 E. McGlincy Lane -Use Permit -Animal Boarding Facility
Page 2
9. The project site shares a common property line with residential uses, where the existing
building is 10 feet from the common property line. As the proposed use includes outdoor
exercise activity for the boarded animals, there is a potential for noise generation
uncommon to the area if the noise occurs outside of standard business hours of the
existing industrial uses. Based on the type of proposed use and the potential impact of
animal noise, outdoor noise generating activities will be limited to common industrial use
business operating hours for both the indoor and outdoor activities.
10. The hours of operation for animal boarding activity shall be 24 hours a day. Outdoor
activity and hours the business is open to the pubic shall be limited to 7:30 a.m. to 7:00
p.m. daily.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. The proposed use is allow within the applicable zoning district with a Conditional Use
Permit approval, and complies with all other applicable provisions of this Zoning Code
and the Campbell Municipal Code in that the proposed animal boarding facility would be
allowed within the M-1 (Light Industrial) zoning district with the approval of a Conditional
Use Permit.
2. The proposed use is consistent with the General Plan in that the animal boarding facility
provides a unique service to the community, near places of work.
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 in that
the use is wholly located within an existing commercial building suitable for the use.
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 in that the project site is
located adjacent to an established paved roadway of sufficient size to carry the minimal
amount of traffic that the proposed use would 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 in that the use maintains the industrial integrity of the site by not introducing
activities or sensitive receptors that would limit future uses.
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 in that the animal boarding facility, as proposed and
conditioned, would be harmonious with other existing uses in the surrounding area.
Planning Commission Resolution No. 3977
PLN2009-141 - 354 E. McGlincy Lane -Use Permit -Animal Boarding Facility
Pape 3
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use
Permit (PLN2009-141) to allow an animal boarding facility within an existing commercial
building on property owned by Mr. Tom Jackson located at 354 E. McGlincy Lane.
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions in accordance with the ordinances of the City of Campbell and the State
of California. Where approval by the Community Development Director, 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:
Planning Division:
1. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning
Commission approval, the business owner shall sign the final, approved set of Conditions
of Approval. Until said Conditions are signed, the approved Conditional Use Permit shall
not be valid for any permits sought from the City.
Acknowledged & Accepted:
Brenda Shepard Date
2. Approved Project: Approval is granted for a Conditional Use Permit (PLN2009-141) to
allow the establishment of an animal boarding facility in an existing commercial building
located at 354 E. McGlincy Lane. The project shall substantially conform to the revised
Project Plans and Operational Description stamped as received by the Community
Development Department on February 2, 2010, except as may be modified by the
conditions of approval specified herein.
3. Planning Final Required: Planning sign off is required 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.
4. Conditional Use Permit Expiration: The Conditional Use Permit approval shall be valid
for one year from the effective date of Planning Commission action. Within this one year
period, the use shall be established and a business license shall be obtained. Failure to
establish the use or failure to obtain a business license shall void this approval.
5. 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.
Planning Commission Resolution No. 3977
PLN2009-141 - 354 E. McGlincy Lane -Use Permit -Animal Boarding Facility
Paae 4
6. Transferability: Prior to issuance of a business license pursuant to this Conditional Use
Permit to a new owner(s) of the subject business, said new owner(s) shall be required to
sign the approved Resolution, incorporating the final approved set of Conditions of
Approval.
7. Operational Hours: The operational hours of the business shall be 24 hours a day for
overnight boarding of animals. Outdoor animal exercise activity and the hours the
business shall be open to the public shall be limited to the hours of 7:30 a.m. to 5:00 p.m.
Monday through Friday and 8:00 a.m. to 5:00 p.m. on Saturdays and Sundays.
8. Employees on Site: There shall be at least one employee on site at all times when
animals are present who is actively involved in the care of the boarded animals. At no
time shall employees sleep on site or shall a caretaker's unit be established on site.
9. Maximum Number of Animals: There shall be a maximum of 50 dogs and 12 cats on site
at any time.
10. Care and Condition of Animals: The applicant shall comply with the following:
a. Housing facilities for animals shall be structurally sound and shall be maintained in
good repair to protect animals from injury and restrict entrance of other animals or the
escape of animals so contained therein.
b. Every building or enclosure wherein animals are maintained shall be properly
ventilated to prevent drafts and to remove odors; heating and cooling shall be
provided as required, according to the physical need of the animals, with sufficient
light to allow observation of animals.
c. All animal rooms, cages, kennels, runs, stalls and corrals shall be of sufficient size to
provide adequate and proper accommodation and protection from the weather for the
animals kept therein.
d. The animal boarding facility shall be constructed and operated in a manner that
reasonably protects public health and safety and safety of the animals.
e. The animal boarding facility shall be maintained and operated at all times in a clean
and sanitary condition, and in a manner that avoids causing odors or attraction of flies
and vermin, and excessive noise.
f. All animals shall be supplied with a quantity of wholesome food suitable for the
species and age of the respective animals, as often as the feeding habits of such
animals require, sufficient to maintain a reasonable level of nutrition. All animals shall
have available to them sufficient potable water. Food and water shall be served in
separate, clean receptacles.
g. All sick, diseased or injured animals shall be isolated from healthy animals at all times
and shall be given proper medical treatment.
h. All animals shall be treated in a humane manner.
11. Mezzanine: At no time shall animals be boarded in the existing mezzanine area.
Planning Commission Resolution No. 3977
PLN2009-141 - 354 E. McGlincy Lane -Use Permit -Animal Boarding Facility
Page 5
12. Inspection: A representative of the City of Campbell or the current animal services
agency contracted with the City of Campbell shall have the authority to inspect the
premises at any time to verify the care and condition of the animals boarded therein.
13. Property 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.
14. signage: No signage is approved as part of the development application approved
herein. All signage shall be installed and maintained consistent with the provision of the
Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code.
15. 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 Management: In the event complaints are received by the City regarding
noise, the Community Development Director may immediately modify the hours of
operation and/or reduce the maximum number of dogs allowed on site, subject to the
project being brought back to the Planning Commission for review.
c. Front. Side and Rear Doors: The front, side and rear doors to the business shall be
closed at all times to limit any noise impact of the boarded animals.
d. Ceiling Insulation: Applicant shall install noise mitigation insulation under the ceiling
in conformance with all applicable State, County and local regulations. In the event
that applicable regulations prohibit this installation, the applicant shall work with the
City to provide an alternative method to prevent possible noise impacts to the
surrounding area.
16. Parking and Driveways: All parking and driveway areas shall be maintained in
compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell
Municipal Code. A total of 7 vehicle parking spaces will be provided for use by staff only
and limit customers to just drop off and pick up of animals.
17. Fences/Walls: All existing and proposed fencing shall comply with the City of Campbell
fence ordinance. The existing plant material and solid masonry wall currently located
along the perimeter between the industrial use and the adjacent residential uses shall be
maintained at all times.
18. On-Site Lighting: Any proposed on-site lighting shall be shielded away from adjacent
properties and directed on site. The design and type of lighting fixtures and lighting
intensity of any exterior lighting shall be reviewed and approved by the Community
Development Director, prior to issuance of a building permit. Lighting fixtures shall be of
Planning Commission Resolution No. 3977
PLN2009-141 - 354 E. McGlincy Lane -Use Permit -Animal Boarding Facility
Page 6
a decorative design to be compatible with the development and shall incorporate energy
saving features.
19. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. 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.
20. Landscape Plan: The applicant shall submit two copies of a landscape plan, prior to the
issuance of building permits, for review and approval by the Community Development
Director. The plan shall show the type of trees, size of trees and tree planting detail and
irrigation details. The landscape plan shall substantially conform to the approved site
plan and the City's Water Efficient Landscaping Standards (WELS). The required
landscaping shall be installed prior to the final inspection completed by the Planning
Department
21. Landscape Maintenance: The owner/operator of the property shall provide on-going
maintenance of the existing and proposed on-site landscaping.
22. Trash Enclosure: The applicant shall obtain a building permit and construct a trash
enclosure for the storage of all refuse containers. The trash enclosure shall comply with
the requirements set forth in Section 21.18.110 of the Campbell Zoning Code.
23. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done in
the late evening or early morning hours. All clean up shall be done between 7:30 a.m.
to 7:00 p.m., including any site maintenance.
24. Construction Activities: The applicant shall abide by the following requirements during
construction:
a. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m.
and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on
Sundays or holidays unless an exception is granted by the Building Official.
b. Truck routes to and from the construction site should be established and submitted to
the City for review and approval prior to issuance of a building permit. These truck
routes shall avoid access to the project site via residential streets where possible.
c. All construction equipment with internal combustion engines used on the project site
shall be properly muffled and maintained in good working condition.
d. Unnecessary idling of internal combustion engines shall be strictly prohibited.
e. 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.
Planning Commission Resolution No. 3977
PLN2009-141 - 354 E. McGlincy Lane -Use Permit -Animal Boarding Facility
Page 7
f. Prior to the issuance of 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.
g. Construction equipment, vehicles, and workers associated with the development of
the project shall not be permitted to park on any residential streets.
h. Use dust-proof chutes for loading construction debris onto trucks.
i. Water or cover stockpiles of debris, soil, and other materials that can be blown by the
wind.
j. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to
maintain at least two feet of freeboard.
k. Sweep daily (with water sweepers) all paved access roads, parking areas, and
staging areas at the construction site.
I. Sweep streets daily (with water sweepers) if visible soil material is carried onto
adjacent public streets, as directed by the City Engineer.
m. Enclose, cover, water twice daily or, or apply (non-toxic) soil stabilizers to exposed
stockpiles (dirt, sand, etc.).
Building Division:
25. Permits Required: A building permit application shall be required for the proposed tenant
improvements to the (e) commercial structure. The building permit shall include
Electrical/Plumbing/Mechanical fees when such work is part of the permit.
26. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet
of construction plans submitted for building permit.
27. Size of Plans: The size of construction plans submitted for building permits shall be 24
inches by 36 inches.
28. 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.
29. Site Plan: Application for building permit shall include a competent site plan that
identifies property and proposed structures with dimensions and elevations as
appropriate. The 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.
30. Title 24 Energy Compliance: 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.
31. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, the
architect or engineer of record shall prepare an inspection program that shall be
Planning Commission Resolution No. 3977
PLN2009-141 - 354 E. McGlincy Lane -Use Permit -Animal Boarding Facility
Page 8
submitted to the Building Official for approval prior to issuance of the building permits, in
accordance with C.B.C. Appendix Chapter 1, Section 106. Please obtain City of
Campbell, Special Inspection forms from the Building Inspection Division Counter.
32. Non-Point Source: 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.
33. Title 24 Accessibility -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.
34. Title 24 Accessibility -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.
35. PG&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.
36. 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:
37. Grading and Drainage Plan: Prior to issuance of any building or grading permits for the
site, the applicant shall prepare and submit an engineered grading and drainage plan in
and pay fees required to obtain the necessary grading permits. Prior to occupancy, the
design engineer shall provide written certification that the development has been built per
the engineered grading and drainage plans.
38. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permit requirements, Santa Clara Valley Water District requirements,
and the Campbell Municipal Code regarding stormwater pollution prevention. The
primary objectives are to improve the quality and reduce the quantity of stormwater runoff
to the bay.
Resources to achieve these objectives include Stormwater Best Management Practices
Handbook for New Development and Redevelopment ("CA BMP Handbook") by the
California Stormwater Quality Association (CASQA), 2003; Start at the Source: A
Planning Commission Resolution No. 3977
PLN2009-141 - 354 E. McGlincy Lane -Use Permit -Animal Boarding Facility
Page 9
Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the
Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using
Site Design Techniques to Meet Development Standards for Stormwater Quality: A
Companion Document to Start at the Source ("Using Site Design Techniques") by
BASMAA, 2003.
COUNTY FIRE DEPARTMENT
39. Fire Sprinklers: Any interior remodel may require modification of the fire sprinkler system.
A State of California licensed (C-16) Fire Protection Contractor shall submit plans,
calculations, a completed permit application and appropriate fees to this department for
review and approval prior to beginning their work.
40. Premises Identification: Approved building numbers or addresses shall be placed on all
new and existing buildings in such a position as to be plainly visible and legible from the
street or road fronting the property. Numbers shall contrast with their background.
PASSED AND ADOPTED this 23~d day of March, 2010, by the following roll call vote:
AYES: Commissioners: Alster, Cristina, Ebner, Gibbons, Reynolds and Roseberry
NOES: Commissioners: Rocha
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
APPROVED: ~ f`
eth Gibbons, Chair
ATTEST:
Kir inri hs, Secretary