Admin PD - Denied - 2008r'ur. ~6~~~ l1y
TYPE OF APPLICATION ~ ~'~ %~ ~~ .
FINDINGS FOR DENIAL OF FILE NO. P~~b}>~~:
gt, COMn~U,_ s~'" DEVELOPMENTDIR>~:~t
SITE ADDRESS: 37 S. Fourth Street ^ pLANNING COMMISSION
APPLICANT: Angelo Leber p CITY COUNCIL
DATE: September 8, 2008 ~ /~ I G ~
DATE _.
Findings for Denial of an Administrative Planned Development Permit for the establishment of a
heating and cooling service company onproperty located at 37 S. Fourth Street
The Community Development Director finds as follows with regard to file number PLN2008-114:
1. A previously approved Planned Development Permit (PD81-O1), adopted by City Council
Ordinance No. 1324, established professional office as an allowable use on the subject
property when the property was designated in the Land-Use Element of the General Plan as
Commercial.
2. Subsequent to the approval of Planned Development Permit PD81-Ol, the subject property was
re-designated in the Land-Use Element of the General Plan to Low-Medium Density
Residential (6-13 units/Gr. Acre).
3. A professional office use, as allowed by Planned Development Permit PD81-O1, is
inconsistent with the Low-Medium Density Residential (6-13 units/Gr. Acre) General Plan
Land Use Designation, rendering the use non-conforming, subject to the provisions of
Campbell Municipal Code Chapter 21.58.
4. The previously approved Planned Development Permit (PD81-O1) would allow the
establishment of a professional office use on the subject site with a Zoning Clearance and a
valid Business License as an allowable continuance of anon-conforming use.
5. Pursuant to Campbell Municipal Code Chapter 21.58.C(1), the "the nonconforming use of a
site or structure may be changed to a use of the same or more restricted classification as
determined by the community development director."
6. A use of the same or more restricted classification is a use that is of the same or lesser
intensity.
7. The Campbell Municipal Code Chapter 21.72.020 specifies that professional office does not
include offices "that are incidental and accessory to another business."
8. The previous use is a model-train storage and mail-order company.
9. As described in the Operational Description, the proposed use is a contractor's office whose
principle operation is the service and maintenance of heating and cooling mechanical units.
10. As described in the Operational Description, the proposed use would maintain an
administrative office to support its principle operation.
11. As described in the Operational Description, the proposed use would include the on- and off-
site staff, maintain on-site storing of heating and cooling unit parts, require delivery of such
parts, utilize service vehicles, and require pickup of parts by service vehicles.
12. A change of use in the P-D (Planned Development) zoning district requires approval of an
Administrative Planned Development Permit.
13. The project site is .29 acres and is located at the northwest corner of Fourth Street and Sanford
Avenue. The site abuts afour-plex to the west, and Downtown commercial buildings to the
north and is adjacent to single-family residences across the street to the east and south.
14. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing
Facilities) of the California Environmental Quality Act (CEQA).
Based upon the foregoing findings of fact, the Community Development Director further finds and
concludes that:
1. Pursuant to the definition of professional office, as specified in Campbell Municipal Code
Section 21.72.020 the proposed use is not a professional office.
2. As described in the Operational Description, the proposed use will generate traffic (including
delivery, pickup, client/customer, and employee traffic) in excess of current conditions.
3. Due to the increase in intensity, the proposed contractor's office use is not of the same
restricted classification as the existing use.
4. As the proposed use is not of the same restricted classification as the existing use, the existing
use may not be changed to the proposed use.
5. The proposed change of use to a contractor's office is inconsistent with the General Plan in
that the change of use is inconsistent with the nonconforming use provisions of the Campbell
Municipal Code, as specified in Chapter 21.28.
6. The establishment of a heating and cooling service company could create nuisances (e.g., noise
and traffic).
7. The establishment of a contractor's office is incompatible with the existing, surrounding
residential neighborhood.
8. The proposed development will result in a less desirable environment and use of the land than
would be possible under any other zoning classification.
9. The development will not be compatible with the Zoning Code of the City.
10. The proposed development will be detrimental to the health, safety or welfare of the
neighborhood or the City as a whole.
September 10, 2008
Angelo Leber
325 East Ct.
San Jose, CA 95116
Re: Administrative Planned Development Permit
File No: PLN2008-114
37 S. Fourth Street
Dear Mr. Leber:
At the Administrative Hearing held September 9, 2008, the Community Development Director
denied your Administrative Planned Development Permit application to allow the establishment of
a contractor's office in an existing commercial building located at the above referenced property.
This denial is based upon the enclosed findings.
This denial is final in 10 calendar days, unless an appeal is received in writing at the City of
Campbell City Clerk's Office, 70 N. First Street, Campbell, on or before Friday, September 19,
2008 at 5:00 p.m. A written appeal must state the grounds for appeal pursuant to Campbell
Municipal Code § 21.62 (Appeals) and must be accompanied with a $105 appeal filing fee. An
appeal to Planning Commission is final.
If you should have any questions, please do not hesitate to contact me at (408) 866-2193 or by email
at danielfncit oy fcampbell.com.
Sincerely,
r« z
Daniel M. Fama
Assistant Planner
encl: Findings for Denial -File No. PLN2008-114
Campbell Municipal Code § 21.62 (Appeals)
cc: Geraldine Mann, Property Owner, 19986 Mallory Ct, Saratoga, CA 95070
Sharon Fierro, Community Development Director
Jackie C. Young, Principal Planner
Kirk Heinrichs, Redevelopment Manager