Admin PD Permit - 2006Community Development Department
July 16, 2007
Wm. Bradford Anderson
2033 Gateway Place, Suite 500
San Jose, CA 95110
RE: Withdraw of Towing Service Request (PLN 2.005-11;,)
951 Camden Avenue Dell Auto Body (dba Los Gatos Towing)
Dear Mr. Anderson:
In response to your letter of June 22, 2007, please accept this letter as an
acknowledgement of the request to withdraw your client's application.
The Community Development Director, on April 17, 2006,'conditionally approved..an
Administrative Planned Development Permit (PLN 2005-115) to allow the
establishment of a towing service within an existing industrial building on the
referenced property after the use had previously been established at this location.
Based upon your letter dated June 22, 2007, your client wishes to withdraw and
abandon this request. This action implies that Los Gatos Towing is no longer
operating a towing service at this location.
An inspection of the site on July 13, 2007 verified that a sign is still located in the
office window that identifies the business as Los Gatos Towing and a car carrier in
the driveway with Los Gatos Towing painted on its door still occupied the driveway.
The use of this property as a towing service must cease and the use must return to the
prior use of a permitted auto repair use.
Additionally, the City Council on August 1, 2006, adopted an ordinance to reduce the
impact of non-conforming motor vehicle repair facilities on adjacent properties. The
ordinance required compliance by September 1, 2008 and specified the operational
standards in section 21.36.140 of the Campbell Municipal' Code (attached). The
current auto repair use must comply with these operational standards.
J:\Correspondence\951 Camden Avenue Withdraw Adm PD.doc
70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.871.5140 . TDD 408.866.2790
951 Camden Avenue-July 16,2007
page 2
If you should have any questions regarding this information, please do not hesitate to
contact me at 408 866-2144 or via e-mail attimh@cityofcampbell.com.
~~L\r
Tim J. Haley
Associate Planner
Encl: Notice and operational standards for motor vehicle repair facilities - Section
21.36.140 eM.e
cc: Jackie Young Lind, Acting Community Development Director
Dell Auto Body, 951 Camden A venue, Campbell, CA 95008
Mr. Peter Thomas, 4950 Hamilton A venue, #102, San Jose, CA 95130
J:\Correspondence\951 Camden Avenue Withdraw Adm PD. doc
Notice to Campbell Motor Vehicle
Repair Facilities
On August 1, 2006, the Campbell City Council adopted an ordinance to reduce the
impact of non-conforming motor vehicle repair facilities on adjacent properties.
Parcels with motor vehicle repair uses onsite, which were established prior to May
2004, predate the operational standards set forth in Section 21.36.140 of the City of
Campbell Zoning Code. These motor vehicle repair facilities had been considered
non-conforming, meaning that they could continue operating under the original
conditions set forth by the City at the time the motor vehicle use began at the
location.
The new ordinance amends section 21.58.040 of the Campbell Zoning Code by
requiring that these non-conforming facilities be brought into conformance with the
current operational standards set forth in the Campbell Zoning Code Section
21.36.140. Operational standards include: hours of operation, noise restrictions,
approved locations for the onsite storage of vehicles, wall screening, restrictions on
vehicles "for sale", location of service bay doors, etc. The new ordinance provides for
a "grace period" of 24 months to comply. All motor vehicle repair facilities must be in
compliance before September 1, 2008.
Enclosed are copies of Sections 21.36.140 and 21.58.040 for your review. Please
contact the City of Campbell Planning Department at (408) 866-2140 if you have any
questions.
70 North First Street, Campbell, CA 95008
www.cityofcampbell.com
Distributed 7/16/07
J :IReportslT ex! Amendmentslmotorvehiclerepair.doc
21.36.140 Motor vehicle repair facilities.
Page I of 1
Title 21 ZONING
Chapter 21.36 PROVISIONS APPLYING TO SPECIAL.. USES
21.36.140 Motor vehicle repair facilities.
This section provideslocational and operational standards for the establishment of motor vehicle
repair facilities, in compliance with Article 2, (Zoning Districts), which shall be subject to the
following criteria and standards.
A. The motor vehicle repair facility shall provide adequate vehicular circulation to ensure free
ingress and egress, and safe and unimpeded on-site circulation.
B. All work shall be performed within a fully enclosed structure.
C. Structures shall be sufficiently soundproofed to prevent a disturbance or become a nuisance
to the surrounding properties.
D. Artificial light shall be designed to reflect away from adjoining properties.
E. Screening and buffering.
1. A six-foot high solid masonry wall shall be maintained along the exterior boundaries of the
motor vehicle repair facility, excluding the front yard setback area, those locations approved for
ingress and egress, and areas adjoining a street, other than an alley.
2. All damaged or wrecked motor vehicles awaiting repair shall be effectively screened from view
from any public street or highway, or adjoining properties, by a six-foot high decorative masonry
wall or other opaque material approved by the community development director.
F. Motor vehicles associated with the subject use shall not be parked or stored on a public street
or alley.
G. Motor vehicles shall not be stored at the site for purposes of sale (unless the use is also a
vehicle sales lot).
H. Noise from bells, loudspeakers, public address systems, or tools shall not be audible from
residentially zoned or occupied parcels between the hours of seven p.m. and seven a.m. on
weekdays and Saturdays, and before ten a.m. and after seven p.m. on Sundays and nationally
recognized holidays.
I. Service bay doors shall not directly face or be viewable from adjoining public rights-of-way or a
residential development or zoning district.
J. Residential uses shall not be allowed on a site containing a motor vehicle repair facility. (Ord.
2070 S1 (Exh. A)(part), 2006: Ord. 2043 s1(part), 2004).
<<prE!vi()us I nE!xt >>
http://bpc.iserver.net/codes/campbell/_DATAlTITLE211Chapter _21_36 _PROVISIONS _A... 7/16/2007
LAW OFFICES OF
. WM. BRADFORD ANDERSON .
City of Campbell
Planning Division
70 N. First St.
Campbell, CA 95008
4t:."CIVC~
JUN 2 6 2007
"TV OF GAMPBf'
... "'........- -."'-
June 22, 2007
Re: Use Permit for Towing Service
951 Camden Avenue
File No. PLN2005-115
Gentlemen:
This office represents Dell Auto Body (dba: Los Gatos Towing) concerning the above
application for a Use Permit for the subject property. A copy of the letter requesting
same is attached.
Dell Auto Body hereby abandons its request for the Use Permit and withdraws the
petition for a change in the use permit. We also request that the original use permit be
reinstated.
In order to save time and avoid confusion, I request that I receive a letter from the City
reinstating the original use permit be sent to the undersigned, to Dell Auto Body directly
and to the property owner, Mr. Peter Thomas, at the addresses below:
Dell Auto Body
951 Camden Ave
Campbell, CA 95008
Mr. Peter Thomas
4950 Hamilton Ave., #102
San Jose, CA 95130
I look forward to working with you such that any issues might be resolved and the work
be accomplished in an orderly and expeditious manner to the satisfaction of all.
Please feel free to contact me should you wish to discuss the matter.
Sincerely, ./'2'0~A
~~~~~rso:;-
2033 GATEWAY PLACE, SUITE 500 ' SAN JOSE, CA 95110
PHONE 408.573.6806 ' FAX: 408.993.8941 ' EMAIL: ANDERSON1031@COMCAST.NET
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CITY OF CAMPBELL
Community Development Department
April 7, 2006
Mr. Carlos Costa
Los Gatos Towing & Trasnport
951 Camden Avenue
Campbell, CA 95008
Re: Administrative Planned Development Permit
File No: PLN2005-115
951 Camden Avenue
Dear Mr. Costa:
The Community Development Director has conditionally approved your Administrative Planned
Development Permit application to allow the establishment of a towing company located at the
above referenced address. This approval is based upon the attached findings and is subject to the
attached conditions of approval.
This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5 :00
p.m. on Monday. April 17. 2006.
If you should have any questions, please do not hesitate to contact me at (408) 866-2140.
Sincerely,
2s1~ Will4-
Stephanie Willsey
Planner II
Encl: Findings and Conditions of Approval for File No. PLN2005-115
cc: Bill Brockart, Building Division
Chris Veargason, County Fire Department
Steve Prosser, Code Enforcement Officer
Peter Thomas, 20236 Pierce Road, Saratoga, CA 95070
70 North First Street . Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.866.8381 . TDD 408.866.2790
APRIL 7, 2006
PLN2005-115
Costa, C.
Application of Mr. Carlos Costa on behalf of Los Gatos Towing & Transport
for an Administrative Planned Development Permit to allow the establishment
of a towing company located at 951 Camden Avenue in the P-D (Planned
Development) Zoning District.
PROJECT DESCRIPTION
The project consists of the establishment of a towing company in an existing building located at
951 Camden Avenue. The towed vehicles would be stored inside the building as well as in the
area designated "exterior vehicle storage" on the project plans. The proposed modifications to
accommodate the new use on the property include: the removal of all illegal outdoor storage in the
parking area (i.e. junk, cargo containers, car parts, trailers); construction of a new trash enclosure;
construction of a new six-foot concrete wall around the perimeter of the property; installation of a
new six-foot chain link gate with slats at the driveway entrance; the removal of asphalt along the
front of the property adjacent to Camden Avenue; and the installation of new landscaping along
the front of the property. No exterior modifications to the building are proposed with this
application.
BACKGROUND
The subject property is currently developed with a 2,700 square foot, single story building and a
paved parking lot. The existing building was previously occupied by Dell Auto Body which is a
collision repair business.
The project site is located on the southwest corner of Camden Avenue and Dell Avenue, adjacent
to the San Tomas Expressway off-ramp. The project site is surrounded on all sides by commercial
and industrial uses.
ANALYSIS
The General Plan land use designation for the project site is Commercial and/or Industrial. The
project site is also located within the South of Campbell Avenue Area (SOCA) in Sub-Area 5.
Land uses listed in the M-l (Light Industrial) and the C-2 (General Commercial) zoning districts
are allowed in this area. "Towing services" is a conditionally permitted use in the M-l zoning
district; therefore the project is compatible with this land use designation.
PLN2005-115 - 951 Calhuen Avenue
Administrative Planned Development Permit
Page 2 of2
The zoning designation for the subject property is P-D. An Administrative Planned Development
Permit is required for a change of use in an existing building within the P-D zoning district.
The landscaping will be updated as part of the project along the property frontage on Camden
Avenue. The existing asphalt between the building and the public right-of-way, south of the
driveway, will be removed and replaced with landscaping as well as new landscaping to the north
of the driveway along Camden Avenue. The existing mature landscaping along the northern
portion of the property will remain.
The Zoning Code requires that the storage of vehicles for towing companies be kept at all times
within an area completely enclosed by a six-foot wall and that there be no stacking of wrecked or
abandoned vehicles. A new six-foot concrete wall will be constructed around the perimeter of the
property along the western, northern, and a part of the eastern property lines to meet this
requirement. A new six-foot chain link gate with slats will be constructed across the driveway to
completely secure the parking area.
The Parking and Loading Ordinance requires the provision of one space per each 400 square feet
of gross floor area. Based upon the square footage of the existing structure, the proposed project
generates a parking demand of seven parking spaces, one of which must be accessible. The project
plans indicate seven parking spaces, one of which is accessible, and an outdoor vehicle storage
area for the storage of towed vehicles. The storage of vehicles will not be allowed in the seven
exterior parking spaces as these spaces are designated for employees and business patrons.
A new trash enclosure will be constructed to accommodate the trash and recycling receptacles for
the property within the enclosed parking area.
Attachments:
1. Findings for Approval ofPLN2005-115
2. Conditions of Approval for PLN2005-115
3. Project Plans
4. Business Description, dated 3/30/06
Prepared by: ~ W\\~
Stephanie Willsey, Planner II
Attachment # 1
FINDINGS FOR APPROVAL OF FILE NO. PLN2005-115
SITE ADDRESS:
APPLICANT:
DATE:
951 Camden Avenue
Mr. Carlos Costa
April 7, 2006
Findings for approval of an Administrative Planned Development Permit to allow the
establishment of a towing company located at 951 Camden Avenue.
The Community Development Director finds as follows with regard to File No. PLN2005-115:
1. The project will result in a use that is consistent with the General Plan land use designation
of Commercial and/or Industrial.
2. The project will be consistent with the P-D (Planned Development) zoning district with
approval of an Administrative Planned Development Permit.
3. The project site is located on the southwest corner of Camden Avenue and Dell Avenue,
adjacent to the San Tomas Expressway off-ramp. The project site is surrounded on all sides
by commercial and industrial uses.
4. The proposed project generates a parking demand of seven parking spaces. The project plans
indicate seven parking spaces, one of which is accessible, and an outdoor vehicle storage area
for the storage of towed vehicles.
5. The towed vehicles would be stored inside the building as well as in the area designated
"exterior vehicle storage" on the project plans.
6. The landscaping will be updated as part of the project along the property frontage on Camden
Avenue.
7. A new six-foot concrete wall will be constructed around the perimeter of the property along
the western, northern, and a part of the eastern property lines.
8. A new trash enclosure will be constructed to accommodate the trash and recycling
receptacles for the property within the enclosed parking area.
9. The project qualifies as a Categorically Exempt project per Section 15303, Class 3 (New
Construction or Conversion of Small Structures) of the California Environmental Quality Act
(CEQA).
Based upon the foregoing findings of fact, the Community Development Director further finds and
concludes that:
1. The proposed development will result in a more desirable environment and use of the land
than would be possible under any other zoning classification.
/-
Attachment # 1
Page 2 of2
2. The development will be compatible with the General Plan of the City and will aid in the
harmonious development of the immediate area.
3. The development will be compatible with the Zoning Code of the City.
4. The proposed development will not be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
5. The parking will adequately meet the demands generated by the change in use, and will not
be detrimental to the overall parking and circulation in the area.
6. There is a reasonable relationship and a rough proportionality between the conditions of
approval and the impacts ofthe project.
7. There is a reasonable relationship between the use of the fees imposed upon the project and
the type of development project.
8. No substantial evidence has been presented from which a reasonable argument could be
made that shows that the project, as currently presented and subject to the required conditions
of approval, will have a significant adverse impact on the environment.
Attachment #2
CONDITIONS OF APPROVAL FOR FILE NO. PLN2005-115
SITE ADDRESS:
APPLICANT:
DATE:
951 Camden Avenue
Mr. Carlos Costa
April 7, 2006
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:
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
1. A~proved Proiect: Approval is granted for an Administrative Planned Development Permit
(PLN2005-115) for the establishment of a towing company located at 951 Camden Avenue.
The project shall substantially conform to the project plans and business description stamped
as received by the Planning Department on April 4, 2006, except as may be modified by the
conditions of approval herein.
2. Administrative Planned Development Permit Approval Expiration: The Administrative
Planned Development Permit approval shall be valid for one year from the date of final
approval. Within this one-year period a building permit must be obtained and construction
completed one year thereafter or the use must be established on the property (if no building
permit is required). Failure to meet these deadlines will result in the Administrative Planned
Development Permit being void.
3. Revocation of Permit: Operation of the use in violation of the Administrative Planned
Development Permit or any standards, codes, or ordinances of the City of Campbell shall be
grounds for consideration of revocation of the Administrative Planned Development Permit
by the Community Development Director.
4. Ooerational Hours: The operational hours shall be limited to 6 a.m. to 11 p.m. seven days a
week.
5. Parking. Drivewavs. and Maintenance: All parking and driveway areas shall be developed
and maintained in compliance with the approved plans and Chapter 21.28 (Parking and
Loading) of the Campbell Municipal Code and the following provisions:
a. The project site shall maintain a minimum of seven parking spaces available for
employees and business patrons, including one accessible parking space, at all times.
Attachment #2
Page 2 of 4
b. The storage of towed or wrecked vehicles shall not be allowed in the seven required
parking spaces or the required driveway areas.
c. The proposed parking configuration shall be striped within 60 days from the date of
final approval of this Administrative Planned Development Permit.
6. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment,
materials, or vehicles shall be stored outside the building or within the parking lot area except
for the storage of vehicles in the area designated as "exterior vehicle storage" area on the
approved plans.
7. Storage of Vehicles: The storage of vehicles for the towing business shall be kept at all times
within an area completely enclosed by a six-foot solid wall. There shall be no stacking of
wrecked or abandoned vehicles on the property.
8. Enclosed Building: All auto dismantling activities shall be conducted wholly within an
enclosed building.
9. Landscape Installation: The landscaping required for the project shall be installed within 60
days from the date of final approval of this Administrative Planned Development Permit, in
conformance with the approved plans.
10. Landscape Maintenance: The owner/operator of the property shall provide on-gomg
maintenance ofthe existing on-site landscaping.
11. Trash and Recycling Enclosure: The applicant shall submit building permit plans with details
regarding the design and location of a new trash and recycling enclosure. All refuse and
recycling containers shall be located in an enclosure constructed and consisting of a concrete
floor at least six inches in depth, surrounded by a minimum six-foot high masonry wall and
having a solid metal gate. The design of the enclosure shall be compatible with the building.
Driveways or aisles shall provide unobstructed access for collection vehicles and personnel
and provide at least the minimum clearance required by the collection methods and vehicles
utilized by the designated collector. The refuse and recycling containers shall be kept in the
enclosure at all times except when being emptied by collection personnel. The enclosure
shall be constructed within 60 days from the date of final approval of this Administrative
Planned Development Permit.
12. FenceslWalls: The applicant shall submit building permit plans with details regarding the
design and location of a new six-foot masonry wall and chain link gate with slats at the
driveway. The wall and fence shall comply with the approved plans and Section 21.18.060
of the Campbell Municipal Code and shall be reviewed and approved by the Planning
Division prior to issuance of a building permit. The wall and fence shall be constructed
within 60 days from the date of final approval of this Administrative Planned Development
Permit.
13. Signage: No signage is approved as part of the development applications approved herein.
No sign shall be installed until a Sign Permit is approved as specified in Chapter 21.30
(Signs).
Attachment #2
Page 3 of4
14. 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.
Building Division:
15. Permits Reauired: A building permit application shall be required for the proposed change in
use of the existing structure and construction of the new concrete wall. The building permit
shall include ElectricallPlumbinglMechanical fees when such work is part ofthe permit.
16. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
17. Size of Plans: The size of construction plans submitted for building permits shall be 24
inches by 36 inches.
18. 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.
19. 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 address
and parcel numbers shall also be clearly called out. Site parking and path of travel to public
sidewalks shall be detailed.
20. Title 24 Energv 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.
21. 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.
22. Non-point Source Pollution Control Program: 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.
23. 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.
24. 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.
Attachment #2
Page 4 of4
25. Approvals Required: The project requires the following agency approval prior to issuance of
the building permit:
a. Santa Clara County Fire Department
26. 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 PG&E concerning utility easements, distribution pole
locations and required conductor clearances.
SANTA CLARA COUNTY FIRE DEPARTMENT
27. Formal Plan Review: Review of this development proposal is limited to accessibility of site
access and water supply as they pertain to fire department operations, and shall mot be
construed as a substitute for formal plan review to determine compliance with adopted model
codes. Prior to performing any work the applicant shall make application to, and receive
from, the Building Division all applicable construction permits.
28. Emergencv Gate/Access Gate Requirements: Gate installations shall conform with Fire
Department Standard Details and Specification G-l and when open shall not obstruct any
portion of the required width for emergency access roadways or driveways. Locks, if
provided, shall be fore department approved prior to installation.
~~9.f~g,dY
Attachment #4
- COLLISION CLAIMS
- EUROPEAN SPECIALIST
- I-CAR GOLD CLASS PROFESSIONALS
City of Campbell, Planning Department
70 N. First Street
Campbell, CA 95008
R~CEIVED
APR 0 4 2006
CITY OF CAMPBELL
PLANNING DEPT.
March 30, 2006
Re: Use Permit for Towing Service
951 Camden Avenue
File No: PLN2005-115
Dear Planning Department,
Dell Auto Body (dba: Los Gatos Towing) is requesting a Conditional Use Permit
to add a towing service to our existing business currently operating at 950 and 951
Camden Avenue.
Previously, Dell Auto Body had operated it's entire auto collision repair business
from 951 Camden Avenue, but has expanded it's primary operations across the
street to a larger building at 950 Camden Avenue, leaving only a detail shop and
spray booth at the 951 location. Therefore, there is now room to add the towing
service and potential storage of vehicles to the 951 location.
The property is currently zoned M-S-I (Light Industrial). The total lot size is
13,000 square feet with a 9,000 square foot secure paved lot with room to park 25
vehicles. In addition, there is also 2700 square feet of indoor space. Currently,
there are no plans to change the existing features of the building with the
exception of the wall and landscape improvements shown on the attached site
plan. However, we will consider any recommendations from the city.
Los Gatos Towing intends to dispatch tow trucks and store vehicles at 951
Camden Avenue. Los Gatos Towing would operate independently from the Dell
Auto Body, however the towing operations do include bringing vehicles to the
_ 951 Camden Avenue
Campbell. California
95008-4105
_ www.dellauto.com
Fax 408.370.0618
_ 408.370.0189