Loading...
Admin PD - Denied - 2005February 15, 2006 Mr. Robert McTavish PWS, Inc. 365 Swift Avenue South San Francisco, CA 94080 Re: PLN2005-177 -- 76 E. Campbell Avenue -- Appeal of Administrative Decision Dear Applicant: Please be advised that at its meeting of February 14, 2006, the Planning Commission adopted Resolution No. 3707 denying an appeal and upholding the Administrative Planned Development Permit (PLN2005-177) denial of a request to allow the establishment of a Laundromat within in existing commercial building on the above referenced property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5 p.m. on Friday, February 24, 2006. The time within which judicial review of this action must be sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless another statute (such as California Government Code Section 65009 or some other applicable provision) sets forth a more specific time period. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Sincerely, r\ .:-~y Tim J. Haley Associate Planner cc: Uno Martier (Property Owner) 60 S. Market Street, Suite 1400 SanJose,CA 95113 70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2140 . FAX 408.866.838] . TO!) 401:>.866.2790 RESOLUTION NO. 3707 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL DENYING AN APPEAL AND UPHOLDING THE ADMINISTRATIVE PLANNED DEVELOPMENT PERMIT DENIAL (PLN2005-177) OF A REQUEST TO ALLOW THE ESTABLISHMENT OF A LAUNDROMAT WITHIN AN EXISTING COMMERCIAL BUILDING ON PROPERTY OWNED BY MR. L1NO MARTIER LOCATED AT 76 E. CAMPBELL AVENUE IN A P-D (PLANNED DEVELOPMENT/CENTRAL COMMERCIAL) ZONING DISTRICT. 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 PLN2005-177: 1. The proposed Laundromat use is not consistent with the General Plan for the Downtown Area and the goals of the Downtown Redevelopment Plan. 2. The Downtown Development Plan Policies identify the goal to develop a mix of economically viable commercial uses downtown creating a balance of daytime and evening activities. Land use regulations shall encourage retail and restaurant uses. 3. The Central Commercial designation is intended to provide shopping, services and entertainment. A Laundromat use is not considered a desirable service in the Downtown Area. 4. The Downtown Development Plan and the Redevelopment Agency's Implementation Plan cites the goal of maximizing the ground floor commercial space along E. Campbell Avenue for retail and restaurant uses. 5. The propose use is incompatible with the adjacent residential use to the south and the desired retail, restaurant and services uses in the downtown area as a whole (21.12.030.F.4.c(3) Campbell Municipal Code (C.M.C.), and 6. Laundromat uses are specifically listed as a permitted use in the Neighborhood Commercial and General Commercial Zoning Districts in the community. 7. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Minor Alteration to Existing Facilities) of the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Planning Commission Resolution No. 3707 PLN2005-177 -- 76 E. Campbell Avenue Denying an Appeal and Upholding the Administrative PO Permit Denial Page 2 1. The proposed development will not result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development will not be compatible with the General Plan of the City and will not aid in the harmonious development of the immediate area. 3. The proposed development will be detrimental to the safety or welfare of the neighborhood or the City as a whole. 4. 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. THEREFORE, BE IT RESOLVED that the Planning Commission denies an appeal and upholds the Administrative Planned Development Permit denial (PLN2005-177) of a request to allow the establishment of a Laundromat within an existing commercial building on property owned by Mr. Uno Martier located at 76 E. Campbell Avenue in a P-D (Planned Development/Central Commercial) Zoning District. PASSED AND ADOPTED this 14th day of February, 2006, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Ebner, Francois, Gibbons, Rocha and Roseberry None None None NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: ATTEST: ~~~ ~haron Fierro, Secretary VC APPROVED: ~ Bob Alderete, Chair -, CITY OF CAMPBELL. PLANNING COMMISSION Staff Report. February 14, 2006 PLN2005-177 McTavish, R. Public Hearing to consider the appeal of Mr. Robert McTavish on behalf of PWS, Inc. for an Administrative Planned Development Permit denial (PLN2005-177) to allow the establishment of a laundromat within an existing commercial building on property owned by Mr. Lino Martier located at 76 East Campbell Avenue in the P-D (Planned Development/Central Commercial) Zoning District. PLANNING COMMISSION ACTION The Planning Commission may take one of the following actions: 1. Adopt a Resolution, incorporating the attached findings, upholding the administrative decision denying the Administrative Planned Development Permit (PLN2005-177) and deny the appeal; or 2. Adopt a Resolution, incorporating the attached findings, overturning the administrative decision denying the Administrative Planned Development Permit (PLN2005-177) and uphold the appeal, subject to the attached Conditions of Approval. ENVIRONMENTAL DETERMINATION Staff recommends that the Planning Commission find that this project is Categorically Exempt under Section 15301, Class 1 of the California Environmental Quality Act (CEQA), pertaining to minor alterations to existing private structures. BACKGROUND Proiect Proposal: The project consists of an application for an Administrative Planned Development Permit to allow the establishment of a laundromat within an existing multi-tenant commercial building of 3,619 square feet on property located at 76 East Campbell Avenue. The proposed tenant space would occupy approximately 2,059 square feet or 57 percent of the existing building. No exterior changes are proposed. Prooerty Descriotion: The property is currently developed with a single story commercial building that is partially occupied with a hair salon and body piercing business. The applicant is requesting approval to occupy the remaining vacant tenant space in the westerly portion of the building that was previously a florist business. The site plan depicts a parking lot at the rear of the building that accommodates 11 parking spaces or a parking ratio of 1:329. The project site has no landscaping. Staff Report - Planning COtdmission Meeting of February 14,2006 PLN2005-177 - 76 East Campbell Avenue Page 2 of 4 The subject property is located at the southeast comer of East Campbell Avenue and Fourth Street adjacent to the Downtown Central Business District. The property is surrounded by the following uses: North: Office and Bank South: Single-Family Residential Use East: Veterinary Office West: Multi-tenant Commercial Building (Ceramics schoollDance school/Fireplace Accessories) ANALYSIS General Plan Designation: The General Plan land use designation for the project site is Central Commercial and is shown in the Downtown special projects area. The proposed use was found to be incompatible with the adjacent residential use and the general land uses in the Downtown Area. Additionally, the Downtown Development Plan and the Redevelopment Agency's Implementation Plan cites the goal of maximizing the ground floor commercial space along E. Campbell Avenue for retail and restaurant uses. Allowing this use would be contrary to the goals and objectives ofthe City and the Redevelopment Agency. Zoning Designation: The subject property is zoned P-D (Planned Development). The establishment of a use within an existing building requires approval of an Administrative Planned Development Permit wherein the Community Development Director must find that the use is appropriate and compatible with adjacent uses and the area as a whole. The Planned Development Zoning District does not list specific permitted uses or uses permitted via a Conditional Use Permit. Section: 21.02.020 of the Campbell Zoning Code describes allowable uses of land as follows and if a proposed use of land is not specifically listed in Article 2 (Zoning Districts), the use shall not be allowed, except as follows: Similar uses allowed. The Community Development Director may determine that a proposed use not listed in Article 2 may be allowed as a permitted or conditional use, or is not allowed. A determination by the Community Development Director that a use is not allowed may be appealed in compliance with Chapter 21.62 (Appeals). In making this determination, the Community Development Director shall first find that: a. The characteristics of, and activities associated with the proposed use are equivalent to those of one or more of the uses listed in the zoning district as allowable, and will not involve a greater level of activity, dust, intensity, noise, parking, population density, or traffic generation than the uses listed in the zoning district; b. The proposed use will meet the purpose/intent of the zoning district that is applied to the site; and c. The proposed use will be consistent with the goals, objectives, and policies of the General Staff Report - Planning Cmllmission Meeting of February 14, 2006 PLN2005-177 - 76 East Campbell Avenue Page 3 of4 Plan and any applicable specific plan. The Community Development Director did not find that the proposed laundromat use was similar to other allowed uses within the C-3-S (Central Business District) identified in the remaining portions ofthe Downtown Area. Additionally, Laundromat uses are permitted in the C-I-S (Neighborhood Commercial) and C-2-S(General Commercial) Zoning Districts. Therefore, it was not an oversight, but an intentional listing of permitted use to preserve the unique commercial atmosphere of the Downtown Area. Administrative Planned Development Permit: The Community Development Director may approve or deny an application to establish a new use within an existing building, as follows: Section 21.12.030 Administrative Planned Development Permit required. An Administrative Planned Development Permit approved by the Community Development Director shall be required when a new use is established in an existing building when no development plans are required. In reviewing the proposed use, the Community Development Director's consideration includes the following matters which are applicable to this application: a. Considerations relating to site circulation, traffic congestion, and traffic safety. b. Considerations relating to structure and site layout. c. Consideration of the appropriateness and compatibility of the proposed uses in relation to the adjacent uses and the area as a whole. Decision: An Administrative decision was made on December 22, 2005 to deny the proposed laundromat use based upon the following: 1. The Community Development Director determined that the proposed laundromat use is not consistent with the General Plan for the Downtown Area. 2. The Downtown Development Plan Policies identify the goal to develop a mix of economically viable commercial uses downtown creating a balance of daytime and evening activities. Land use regulations shall encourage retail and restaurant uses. 3. The Central Commercial designation is intended to provide shopping, services and entertainment. 4. The proposed use is incompatibility with the adjacent residential use to the south and the desired retail, restaurant and services uses in the downtown area as a whole (21.12.030.FA.c(3) Campbell Municipal Code (C.M.C.), and 5. Laundromat uses are specifically listed as a permitted use in the Neighborhood Commercial and General Commercial Zoning Districts in the community. In general, the Community Development Director found that the proposed use was not compatible with the Downtown District and that alternative zoning districts such as C-I-S (Neighborhood Commercial) and C-2-S (General Commercial) permit the proposed use. In Staff Report - Planning COl1Jmission Meeting of February 14, 2006 PLN2005-177 - 76 East Campbell Avenue Page 4 of 4 fact, during the comprehensive Zoning Code update that occurred in 2002, there was a conscious decision to remove "laundromats" from the list of approved uses in the C-3 zone because it was determined to be an inappropriate or undesirable use Downtown. A laundromat use is not a service conducive to a destination shopping district and it would take away a quality retail space from the downtown inventory. As stated above, both the Downtown Development Plan and the Redevelopment Agency's Implementation Plan cites the goal of maximizing the ground floor commercial space along E. Campbell Avenue for retail and restaurant uses. Allowing this use would be contrary to the goals and objectives of the City and the Redevelopment Agency. If this area was not zoned PD, it would be zoned C-3 and the use would be prohibited. It is only because of the PD zoning that the use requires further analysis. Appeal: On December 29, 2005, the City received a letter from Robert McTavish appealing the Community Development Director's denial of the Administrative Planned Development Permit. A copy of the appeal letter is attached to this report as Attachment #4. The appellant indicates that he contacted the Planning Office in June 2005 via the telephone, wherein the Planner advised him that a laundromat could be a permitted use based upon other service uses permitted in the Downtown Area. This contact was again confirmed in another phone conversation in August 2005. On September 9, 2005, the Planning Office contacted the property owner advising him that the proposed laundromat use would not be supported as provided in Attachment # 5. Public Comment: A letter from nearby business is attached to this report as Attachment #6 expressing their concern that a laundromat use would result in increased loitering and parking demand in the neighborhood and would not be conducive to a positive retail environment. Attachments: 1. Findings Upholding the Administrative Denial of PLN2005-177 (Denying the Appeal) 2. Findings Overturning the Administrative Denial ofPLN2005-177 (Upholding the Appeal) 3. Conditions of Approval for PLN2005-177 4. Letter of Appeal Submitted by Robert McTavish 5. Letter sent to Property owner on September 9,2005. 6. Letters from Neighboring Businesses 7. Memorandum from Redevelopment Manager - February 2006 8. Exhibits 9. Location Map Reviewed by: Prepared by: Attachment # 1 FINDINGS UPHOLDING THE ADMINISTRATIVE DENIAL OF PLN2005-177 AND DENYING THE APPEAL SITE ADDRESS: APPELLANT: P.C. MEETING: 76 East Campbell Avenue Robert McTavish on Behalf of PWS, Inc. February 14,2006 Findings upholding the administrative denial of an Administrative Planned Development Permit to allow the establishment of a Laundromat in an existing commercial building on orollertv located at 76 East Campbell Avenue. The Planning Commission finds as follows with regard to File No. PLN2005-177: 1. The proposed Laundromat use is not consistent with the General Plan for the Downtown Area and the goals of the Downtown Redevelopment Plan. 2. The Downtown Development Plan Policies identify the goal to develop a mix of economically viable commercial uses downtown creating a balance of daytime and evening activities. Land use regulations shall encourage retail and restaurant uses. 3. The Central Commercial designation is intended to provide shopping, services and entertainment. A Laundromat use is not considered a desirable service in the Downtown Area. 4. The Downtown Development Plan and the Redevelopment Agency's Implementation Plan cites the goal of maximizing the ground floor commercial space along E. Campbell Avenue for retail and restaurant uses. 5. The propose use is incompatible with the adjacent residential use to the south and the desired retail, restaurant and services uses in the downtown area as a whole (21.12.030.FA.c(3) Campbell Municipal Code (C.M.C.), and 6. Laundromat uses are specifically listed as a permitted use in the Neighborhood Commercial and General Commercial Zoning Districts in the community. 7. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Minor Alteration to Existing Facilities) ofthe California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed development will not result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development will not be compatible with the General Plan of the City and will not aid in the harmonious development of the immediate area. Attachment # 1 Page 2 of2 3. The proposed development will be detrimental to the safety or welfare of the neighborhood or the City as a whole. 4. 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 FINDINGS OVERTURNING THE ADMINISTRATIVE DENIAL OF PLN2005-177 AND UPHOLDING THE APPEAL SITE ADDRESS: APPELLANT: P.C. MEETING: 76 East Campbell Avenue Robert McTavish February 14,2006 Findings overturning the administrative denial of an Administrative Planned Development Permit to allow the establishment of a Laundromat in an existing commercial building on property located at 76 East Campbell Avenue. The Planning Commission finds as follows with regard to File No. PLN2005-177: 1. The proposed laundromat use is consistent with the General Plan for the Downtown Area. 2. The Downtown Development Plan Policies identify the goal to develop a mix of economically viable commercial uses downtown creating a balance of daytime and evening activities. Land use regulations shall encourage retail, restaurant and services uses. 3. The Central Commercial designation is intended to provide shopping, services and entertainment. The proposed laundromat use provides a necessary service to the Central Commercial area. 4. The propose use is compatibility with the adjacent residential use to the south and the desired retail, restaurant and services uses in the downtown area as a whole (21.12.030.FA.c(3) Campbell Municipal Code (C.M.C.), and 5. Service commercial uses are permitted in the C-3-S (Central Commercial) Zoning District. 6. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Minor Alteration to Existing Facilities) of the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission 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. 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 proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 4. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. Attachment #2 Page 2 of2 5. 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 #3 CONDITIONS OF APPROV AL FOR FILE NO. PLN2005-177 SITE ADDRESS: APPELLANT: P.C. MEETING: 76 East Campbell Avenue Robert McTavish February 14,2006 The applicant is hereby notified, as part of this application, that (s )he is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. 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 items under review. Additionally, the applicant is hereby notified that (s)he 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. Approved Proiect: Approval is granted for an Administrative Planned Development Permit to allow the establishment of a Laundromat use in an existing commercial building on property located at 76 East Campbell Avenue. The approval shall substantially conform to the project exhibits prepared by Colvin Construction and dated as received by the Planning Division on December 2, 2005, except as may be modified by the conditions of approval herein. 2. Approval Expiration: The Administrative Planned Development Permit approval is valid for a period of one year from the date of approval, unless an extension is granted prior to the expiration date. 3. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. Building Division: 4. Permits Required: A building permit application shall be required for each proposed new structure. The building permit shall include ElectricallPlumbinglMechanical fees when such work is part of the permit. 5. Plan Preparation: This addition may require 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. 6. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. Attachment #3 Page 2 of3 7. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 inches by 36 inches. 8. 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. 9. Title 24 Energy Comllliance: California Title 24 Energy Compliance forms CF-IR and MF- lR shall be blue-lined on the construction plans. 8% X 11 calculations shall be submitted as well. 10. Special Inspections: When a special inspection is required by V.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. 11. 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. 12. 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. 13. 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 process. The applicant should also consult with P.G.&E. concerning utility easements, distribution pole locations and required conductor clearances. 14. 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 c. Santa Clara County Department of Environmental Health ,- /" .....--.., A ttachmen t #4 Tim Haley City of Campbell Community Development Department 70 N. First Street Campbell CA 95008 REceIVED DEe 2 9 2005 CITY OF CAMPBELL PLANNING DEPT. RE: 76 E. Campbell Ave. File # PLN2005-177 Dear Tim, PWS is in receipt of your letter mentioned property. permit to build a Coin Laundry at the before We disagree with your decision that the development ofa Coin Laundry at the site mentioned would not be a service to the central community. At the beginning of our fact finding process, your office had approved the use. The approval was again verified throughyourstaffin August 2005. We wish to appeal the ruling deniedpythe Community Development Director. Please provide us with the process and any other required documents needed. SC}A ~ob McTavish Director of Development PWS Inc. Cc: Lino Martier Gary Corley Eric Steinberg EQUI PM ENT . B ROKERAG E · 0 EVELO PMENT . PARTS. 365 Swift Avenue. S. San Francisco, CA 94080 . Toll-Free: (800)307-1234 · September 9, 2005 Mr. Lino Martier 60 S. Market Street, Suite 1400 San Jose, CA 95113 RE: Laundromat Use 76 E. Campbell Avenue Dear Mr. Martier, This office received an inquiry about the change of use for a portion of the commercial building located at 76 E. Campbell Avenue that was formally occupied by a retail florist. It has been brought to the attention of staff that a lease may have been executed for a laundromat use which is why this letter is being sent. The property is zoned Planned Development (P-D), with a General Plan Land Use Designation of Central Commercial. The Central Commercial Designation covers the downtown area. The property is also within the Central Campbell Redevelopment Project Area which is regulated by the Central Campbell Redevelopment Plan. The PD zoning designation in this area is intended to provide flexibility for redevelopment opportunities and to provide incentives to developers. Absent the PD zoning designation, the area would be zoned C-3, like the rest of the downtown area. The C-3 zone does not allow laundromats. The C-1 and C-2 zone does permit laundromats. While under the flexibility of the PD zoning, alternate uses may be approved with certain findings under an Administrative Planned Development Permit. However, it is the position of this office that the proposed laundromat use would be inappropriate and incompatible in relation to the adjacent uses and the area as a whole pursuant to Section 21.12.030(c)(3) of the Zoning Ordinance, and therefore would be denied. Additionally, a laundromat use in the downtown is inconsistent with the goals and objectives of the Redevelopment Agency's Five Year Implementation Plan and Downtown Development Plan. If you should have any questions, please contact me at (408) 866-2144. :c:~ Tim J. Ha~ Associate Planner cc: Kirk Heinrichs, Redevelopment Manager Sharon Fierro, Community Development Director ~,; 70 North First Street, Campbell, California 95008-1436 ' TEL 408.866.2140 . FAX 408,866,8381 . TOD 408,866.2790 5 Attachment #6 Mary Hill, Fabu Salon 98 E. Campbell Ave. Campbell, Ca. 95008 1/24/6 Sharon Fierro Community Development Director City of Campbell 70 N First St Campbell, Ca. 95008.1436 RECEIVED JAN 2 G 2006 ellV OF CAMPBELL PLANNING DEPT. Dear Sharon Fierro: My name is Mary Hill; I am the owner ofFabu Salon located at 98 E Campbell Ave. My neighbors and I would like to express our concerns regarding a change of use permit request for the vacant space on the 76 E. Campbell Ave. formerly a florist shop. We understand that a laundry mat would like to move into this location and " that an appeal will be made at the upcoming Campbell City Council meeting scheduled on 2/14/6. We believe a laundry mat would present loitering, and parking problems for our neighboring businesses. We are very concerned about preserving the positive retail environment of Historic Downtown Campbell and hope a more appropriate choice of location for a laundry mat could be found. Respectfully Yours, Mary Hill Fabu Salon 98 E. Campbell Ave. ~ Heath Vaught Sis/Bro Decorative Plumbing ~~~~ ErinTuri Art Beats All Around Us 68 E. Campbell Ave. ZJ~ Carlos Rodriguez La Bamba & Hair 5:,~:_,~Pgel\ Ave. ~....4'e- ~ ) ,-I ~ D~A Tom P. Lewis, DVM Diplomate Americon College of Veterinary Dermatology Helen T. Power, DVM Diplomate American College of Veterinary Dermatology John C. Angus, DVM Diplomate American College of Veterinary Dermatology DERMATOLOGY FOR ANIMALS Ed Jazic, DVM Resident in Dermatology Planning Commission City of Campbell 70 North First Street Campbell, CA 95008 RECEIVED FEB 0 'I 2006 CllY OF CAMPBELL PLANN'NG DEPT. Feb 06 2006 Re: File No. PLN2005-1 7 76 East Campbell Ave Dear Planning Commissi n: As a business and prope owner in this area of downtown Campbell I am very concerned about the poss bility that a Laundromat could be established at this address. In my opinion, this locati n is inappropriate for this type of business for the following reasons: 1. Inadequate traffic flow for the high traffic volume requisite (safety) 2. Inadequate and p orty accessible parking 3. Close proximity t a residential area (noise and litter) 4. No place for peo Ie to wait while using the business (loitering) 5. Hours of business inconsistent with the other business in the area (safety issues) I urge you to deny Mr. cTavich's appeal of the already issued denial of this use permit. Although we look forwa to having a business move into this location a Laundromat is not consIstent with the ty e of business aiready present in this area or the ambiance downtown Campbell is s riving to create. Sincerely, ~R 'y Helen Power, DVM "..,\,\ue, (ompbell, CA 95008. tel: 408/871 ln~~e\\ . t\\\\\(@dermotologyforonimols.com -3800 fax; 408. ~. ~~ '0)00$ Attachment #7 MEMORANDUM ~~.Ofi. CAIJt.o<s> t: ~ u .... . . .. .. 'So<" ~ . (, Ol/CH""O' City of Campbell City Manager's Department From: Chairperson Alderete and Planning Commissioners Kirk Heinrichs, Redevelopment Manager ~ Date: 2/14/06 To: Subject: 76 E. Campbell Avenue PWS Laundry Company has filed an appeal to the Community Development Director's decision to deny an Administrative Planned Development Permit to operate a Laundromat at 76 E. Campbell Avenue. This memo is in support of the Community Development Director's decision and urges the Planning Commission to uphold her decision and deny the applicant's appeal. The goals and objectives established in the General Plan. Downtown Development Plan and the Redevelopment Agency's Implementation Plan share a common thread of promoting and facilitating a destination retail and restaurant downtown experience. The City and Agency have very clear policies about retaining ground floor space for retail and restaurant use. It is for these reasons I urge the Planning Commission to deny the appeal: )P> In 2002. when a comprehensive update of the Zoning Ordinance was completed, a conscious decision was made to delete Laundromats from the list of approved uses in the C-3 zone because it was determined it was not a desirable use downtown and did not contribute to the revitalization goals and objectives for the area. If the property was zoned C-3, this application could not be considered. It is only because of the PD overlay zoning that PWS could apply. Laundromats are a permitted use in the C-1 and C-2 zones because it was determined those areas were more appropriate. )p> A Laundromat is an inappropriate use and not compatible with the existing uses in the area and the kinds of retail uses encouraged along Campbell Avenue. Tenants in the area have made substantial investment in leases and improvements based on the City's goal of facilitating a retail experience. A Laundromat use would not be consistent with what existing tenants understand the Agency is trying to accomplish )p> When perspective businesses are considering downtown, a significant factor is the mix of businesses in the area and within the block. A Laundromat will be considered a negative influence on the retail synergy because of the nature of its operation and will actually deter new retail business from entering the area. A Laundromat is not a compatible use nor is it a contributing component to downtown revitalization efforts. To continue to reinforce the pedestrian experience we need to make every effort to keep ground floor space retail. cc: Community Development Director City Manager J :\EcoDevUpdt.DOC