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Admin PD Permit - 2009January 28, 2010 Steve Sgarlato Dick's Automotive 888 Camden Ave. Campbell, CA 95008 Re: File No: PLN2009-160 Address: 888 Camden Ave. Application: Administrative Planned Development Permit Dear Mr. Sgarlato, On January 27, 2010 the Community Development Director conditionally approved your Administrative Planned Development Permit to allow the continued 24-hour operation of an existing towing company on property located at the above referenced property in the P-D (Planned- Development) Zoning District. This approval 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 February 8, 2010. Please note that pursuant to Planning Division Condition of Approval #1, a signed copy of the attached Conditions of Approval must be received by the Planning Division within thirty days of the Community Development Director's decision. If you should have any questions regarding this approval, please do not hesitate to contact the at (408) 866-2193 or by email at danielfn,cit o~fcainpbell.com. Sincerely Daniel Fama Assistant Planner encl: Conditions of Approval for File No. PLN2009-160 cc: Paul Kermoyan, Planning Manager CONDITIONS OF APPROVAL FOR FILE NO. PLN2009-160 SITE ADDRESS: 888 Camden Avenue - APPLICANT: Steve Sgarlato on behalf of Dick's Automotive DATE: January 27, 2010 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 Declaration of Acceptance of All Conditions: Within thirty (30) days of Community Development Director Approval, the applicant and all parties in interest shall sign one (1) copy of the final, approved set of Conditions of Approval. Until said Conditions are signed, the approved Administrative Planned Development Permit shall not be valid for any permits sought from the City. Acknowledged & Accepted: Steve Sgarlato on behalf of Dick's Automotive Date 2. Approved Project: Approval is granted for an Administrative Planned Development Permit (PLN2009-160) to allow continued operation of a 24-hour automobile towing company (Dick's Automotive). The project shall substantially conform to the project plans dated as received by the Planning Division on December 8, 2009 and operational description dated as received by the Planning Division on December 17, 2009, except as may be modified by the conditions of approval contained herein. Transferability: Prior to issuance of a business license pursuant to this Administrative Planned Development Permit, applicant shall be required to a sign the final approved set of Conditions of Approval. 4. Administrative Planned Development Permit Approval Expiration: The Administrative Planned Development Permit approval shall be valid in perpetuity with continued operation of towing Page 1 service. Abandonment, discontinuation, or ceasing of operations for a continuous period of twelve months shall void the Administrative Planned Development Permit approved herein. Upon vacation of the Permit, the use shall not be reestablished. 5. 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. 6. 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. 7. Street Parking: Towing vehicles and towed vehicles shall not be parked overnight along the public street. Page 2 ~~ ~ CA,~n _~~ ~~ V r 0 0 a ti ~, ADMINISTRATIVE ACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR January 27, 2010 PLN2009-160 Application of Steve Sgarlato on behalf of Dick's Automotive Sgarlato, S. for consideration of an Administrative Planned Development Permit (PLN2009-160) for continued operation of a 24-hour automobile towing company (Dick's Automotive) on property owned by Dick Sgarlato located at 888 Camden Avenue in a P-D (Planned Development) Zoning District. STAFF RECOMMENDATION That the Community Development Director takes the following action: 1. Approve the Administrative Planned Development Permit (PLN2009-160), incorporating the attached findings, to allow continued operation of a 24-hour automobile towing company (Dick's Automotive), subject to the attached conditions of approval. ENVIRONMENTAL DETERMINATION Staff recommends that the Community Development Director find that this project is 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. PROJECT DATA Type Proposal Allowance/Requir Compliance ement (Y/N) General Plan Designation Commercial/Li ht Ind. No Chan e Y zone District Designation Planned Development No Change Y Net Lot Area 16,684 s uare feet N/A Y Building Area 1,032 sq ft. N/A N/A Total Building Area: Tenant Space: Site Utilization 1,032 sq. ft. N/A N/A Building Coverage: 1,652 Sq. ft. Landscape Coverage: Paving Coverage: 14 000 S , ft. Floor Area Ratio (FAR) .06 N/A N/A Parking 4 spaces (1:258 sq. ft.) 5 spaces Y Tenant Space Portion: (1:225 s . ft.) (non-conformin Landscape/Trees N/A N/A N/A Administrative Planned Development Permit Page 2 PLN2009-160 - 888 Camden Avenue ANALYSIS Considerations in review of a lication (CMC § 21.42.040) Y/N 1. Will the traffic generated from the development avoid adverse affects on traffic conditions on y abuttin streets? 2. Does the layout of the site provide adequate vehicular and pedestrian entrances, exit driveways, y and walkwa s? 3. Will the arrangement of off-street parking facilities prevent traffic congestion and adequately y meet the demands of the users? 4. Will the location, height, and material of walls, fences, hedges and screen plantings ensure y harmony with adjacent development and/or conceal storage areas, utility installations, or other otentiall unsi htl elements of the ro~ect? 5. Does the project maximize open space around the structures, for access to and around structures, y and the establishment and maintenance of landsca in for aesthetic and screenin u oses? 6. Does the project minimize the unnecessary destruction of existing healthy trees'? 1' 7. Will the project enhance the overall appearance of the city by improving the appearance of Y individual develo ment ro'ects within the cit ? 8. Will the project complement the surrounding neighborhoods and produce an environment of y stable and desirable character? 9. Does the project enhance the city's character and avoid an adverse aesthetic impact upon y existin ad~oinin ro erties, the environment, or the cit in eneral? 10. Will the project promote the use of sound design principles that result in creative, imaginative y solutions and establish structures of quality design throughout the city and which avoid monotony and mediocrit of develo ment? 11. Will the project promote maintenance of the public health, safety, general welfare, and y ro ert throu hout the cit ? 12. Is the project consistent with the city's general plan and all applicable design guidelines and Y s ecial lans? If the answer is "No" to any of the above, list the number and response as to how the project can apply with the applicable considerations required pursuant to CMC § 21.42.040. --- Number Res onse Materials/Use Descri tion In compliance with the Planned Development Late Night Use Ordinance, the applicant seeks to allow continued operation of a 24-hour towing company that has been in operation since 1957. Public Comments Received Explanation/Response A letter was received from the applicant's father, Dick Sgarlato, owner of the subject business. Mr. Sgarlato had various concerns which have since been dealt with by staff. Administrative Planned Development Permit PLN2009-160 - 888 Camden Avenue Page 3 Attachments: 1. Findings for Approval 2. Conditions of Approval 3. Project Plans 4. Operational Description 5. Location Map 6. Aerial Images 7. Site Photographs 8. Letter from Dick Sgarla dated January 18, 2010. ~/~~/ Prepared by: _ Daniel Fama, Assistant Planner //'/~~ ~, (_ ~ Approved by: _ Paul ermo ~an, Planning Manager Attachment #1 FINDINGS FOR APPROVAL OF FILE NO. PLN2009-160 SITE ADDRESS: 888 Camden Avenue APPLICANT: Steve Sgarlato on behalf of Dick's Automotive DATE: January 27, 2010 Findin sg_for Approval of an Administrative Planned Development Permit for continued operation of a 24-hour automobile towing compan~(Dick's Automotive) on~roperty located at 888 Camden Avenue. The Community Development Director finds as follows with regard to file number PLN2009-160: 1. The subject property is zoned P-D (Planned Development). 2. The General Plan designation of the subject property is Commercial/Light Industrial. 3. The project site has 4 parking spaces (1 space per 258 square feet), where 5 parking spaces (1:225 sq. ft.) are required. The provided parking is therefore non-conforming. 4. The 16,684 sq. ft. project site is located on Camden Avenue south of Winchester Boulevard. 5. The use is an existing towing company with administrative office and vehicle storage. The use has been in existence since 1957. 6. The hours of operation shall be permitted up to 24-hours a day, seven days a week. 7. This project is 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. Based upon the foregoing findings of fact, the Community Development Director further finds and concludes that: 8. The proposed development or uses clearly would result in a more desirable environment and use of land than would be possible under any other zoning district classification in that the proposed use provides a necessary service to the general public; 9. The proposed development would be compatible with the general plan and will aid in the harmonious development of the immediate area in that a towing company is consistent and compatible with adjacent commercial and industrial uses; 10. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the general plan designation of the property in that the proposed use is not residential in nature; and 11. The proposed development would not be detrimental to the health, safety or welfare of the neighborhood or of the city as a whole in that the project, as proposed and conditioned, is harmonious with other existing uses in the subject building. Attachment #2 CONDITIONS OF APPROVAL FOR FILE NO. PLN2009-160 SITE ADDRESS: 888 Camden Avenue APPLICANT: Steve Sgarlato on behalf of Dick's Automotive DATE: January 27, 2010 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 Declaration of Acceptance of All Conditions: Within thirty (30) days of Community Development Director Approval, the applicant and all parties in interest shall sign one (1) copy of the final, approved set of Conditions of Approval. Until said Conditions are signed, the approved Administrative Planned Development Permit shall not be valid for any permits sought from the City. Acknowledged & Accepted: Steve Sgarlato on behalf of Dick's Automotive Date 2. Approved Project: Approval is granted for an Administrative Planned Development Permit (PLN2009-160) to allow continued operation of a 24-hour automobile towing company (Dick's Automotive). The project shall substantially conform to the project plans dated as received by the Planning Division on December 8, 2009 and operational description dated as received by the Planning Division on December 17, 2009, except as may be modified by the conditions of approval contained herein. Transferability: Prior to issuance of a business license pursuant to this Administrative Planned Development Permit, applicant shall be required to a sign the final approved set of Conditions of Approval. 4. Administrative Planned Devel~ment Permit Approval Expiration: The Administrative Planned Development Permit approval shall be valid in perpetuity with continued operation of towing service. Abandonment, discontinuation, or ceasing of operations for a continuous Attachment #2 Page 2 of 3 period of twelve months shall void the Administrative Planned Development Permit approved herein. Upon vacation of the Permit, the use shall not be reestablished. 5. 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. 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. 7. Street Parking: Towing vehicles and towed vehicles shall not be parked overnight along the public street.