Pre-App - 2005Community Development Department
June 20, 2005
Tam Thanh Ly
1920 Southwest Expy #4
San Jose, CA 95126
Re: Pre-Application for Wholesale and Retail Auto Sales
File No.: PRE2005-43
191 Kennedy Avenue
Dear Mr. Ly:
Thank you for your preliminary application for the establishment of a Wholesale and Retail Auto
Sales in an existing building located at 191 Kennedy Avenue. The project site is located in the P-D
(Planned Development) Zoning District and is designated as Medium Density Residential (14-20
units per gross acre) on the City's General Plan Land Use Map. The proposed project would
require approval of a Conditional Use Permit by the Planning Commission and would be decided
upon at a public hearing.
The Planning Division completed the review of the pre-application and has the following comments
regarding the proposal:
Neighborhood Compatibility
Staff has reviewed the project description and conducted a site visit of the proposed site. The site is
located on the north side of Kennedy Avenue and is surrounded by industrial uses to the east and
west and residential uses to the north. The project description indicates the business would conduct
wholesale and retail auto sales. An inspection of the site confirmed the existence of K&F Auto, a
wholesale and retail auto sale, which is operating on the property at 203A Kennedy Avenue. In
addition, Blackburn Enterprises, another wholesale auto sales business is located at 203 Kennedy.
Based on the project description and location of the proposed use, staff finds that the proposed
wholesale use is compatible use at this location. Staff does not consider the retail use compatible
with the location due to
General Plan Conformance
The current General Plan designation is Medium Density Residential (14-20 units per gross acre)
and the existing industrial uses currently established on site are legal non-conforming uses. Chapter
21.66 of the Campbell Municipal Code stipulates that the non-conforming use of a building or
structure may be changed to a use of the same or more restrictive classification (as determined by
the Community Development Director); but, where the use of the building is changed to a use of
lesser intensity, it shall not thereafter be changed to a use of greater intensity.
70 North First Street Campbell, California 9500.8-1436 rei_ 408.866.2140 ra.x 408.871 .5140 Trx> 408.866.2790
PRE2002-00043 ~ 191 Kenneuy Avenue
Page 2 of 2
The Community Development Director has determined that the establishment of a Wholesale Auto
Sales use is consistent with the General Plan. Staff believes the Retail Auto Sales component at this
location would constitute an intensification of the non-conforming use and is therefore not allowed.
Conditional Use Permit: The Conditional Use Permit approves the proposed use, site plan and
elevations for the subject property. The purpose of the Conditional Use Permit review is to allow
consideration of uses on a case-by-case basis. This approval process takes into consideration the
location of the use as well as on-site improvements. An application for a Conditional Use Permit is
enclosed. A processing time of 45-60 days is typical for a Conditional Use Permit and requires
consideration by the Planning Commission through a public hearing process.
Building Permits: Tenant improvement plans will need to be submitted to the Building Division
after the Planning Commission's approval. Plans for a commercial and or industrial occupancy need
to be prepared by a licensed Architect or Engineer.
Parking: A motor vehicles sales use would require one parking space for each 225 square feet in
gross floor area. Your use permit application needs to address the parking provided for your use as
well as the anticipated parking demand. Your submitted site plan depicts 15 parking spaces (total
site). A site with multiple tenants shall provide the aggregate number of parking spaces for each
separate use. The aggregate total of parking spaces required for the site is 15 parking spaces. The
project site appears to have adequate parking to service the building use.
Your application was distributed to the Public Works Department, Building Division, Planning
Division and County Fire Department. In addition to the Planning Division's comments contained
in this letter, please find enclosed comments from the County Fire Department and the Building
Division. Please note that these comments are meant to be preliminary. Conditions of approval
from each department will be developed when the formal application is submitted.
Thank you for the opportunity to review your preliminary application. Please do not hesitate to
contact me at (408) 871-5101 or via email at seang_(a,cit o~pbell.com if you have any questions
about these comments or would like to set up a meeting to discuss the project.
r
Since e y,
Sean K. Gallegos
Planner I
encl: Conditional Use Permit Application
cc: Geoff Bradley, Senior Planner
Earl Dolse, 231 South Claremont, San Jose, CA 95127