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Admin PD - 2010CITY of CAMPBELL Community Development Department March 11, 2010 Ms. Becky Naumann Sierra Pacific Turf Supply, Inc. 510 Salmar Avenue Campbell, CA 95008 Re: PLN2009 150 - 510 Salmar Avenue -Approval of Admin PD Permit Dear Applicant: Please be advised that at its meeting of March 9, 2010, the Planning Commission adopted Resolution No. 3974 approving an Administrative Planned Development Permit (PLN2009- 150) to allow the continuance of early morning business operations prior to 6 a.m. for an existing business (Sierra Pacific Turf Supply, Inc.) on the above reference property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5 p.m, on Friday, March 19, 2010. 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. Please sign the acknowledgement on page 3 of the Resolution and return it to the Planning Division, 70 N. First Street, Campbell, CA 95008, within 30 days. If you have any questions, do not hesitate to contact me at (408) 866-2140. Sincerely, Paul Kermoyan Planning Manager cc Steve Prosser, Associate Planner RESOLUTION NO. 3974 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING AN ADMINISTRATIVE PLANNED DEVELOPMENT PERMIT (PLN2009-150) TO ALLOW THE CONTINUANCE OF EARLY MORNING BUSINESS OPERATIONS PRIOR TO 6 A.M. FOR AN EXISTING BUSINESS (SIERRA PACIFIC TURF SUPPLY, INC.) ON PROPERTY OWNED BY DON AND BECKY NAUMANN LOCATED AT 510 SALMAR AVENUE. APPLICATION OF MS. BECKY NAUMANN, ON BEHALF OF SIERRA PACIFIC TURF SUPPLY, INC. FILE NO. PLN2009-150. 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 PLN2009-150. Environmental Finding 1. This project qualifies as 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. Evidentiary Findings 2. The subject property is zoned P-D (Planned Development). 3. The General Plan designation of the subject property is Commercial/Professional Office/Residential. 4. The project site has 30 parking spaces (1 space per 742 square feet), where 56 parking spaces (1:400 sq. ft.) are required. The provided parking is therefore non- conforming due to the use establishing in 1990. 5. The 1.06 acres project site is located on Salmar Avenue between Hamilton Avenue and Harrison Avenue. 6. The use is an existing landscape supply, maintenance and distribution business with ancillary retail. The use has been in existence since 1990. 7. The hours of operation shall be permitted from 4:00 a.m. to 9:00 p.m., seven days a week. Planning Commission Re. .ution No. 3974 PLN2009-150 - 510 SalmarAvenue -Administrative Planned Development Permit Page 2 Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed development will not create a nuisance due to litter, noise, traffic, vandalism or other factors as the business has been in operation since 1990 and is in compliance with all existing city regulations; 2. The establishment will not significantly disturb the peace and enjoyment of the nearby residential neighborhood as the existing business does not violate any City noise restriction; 3. 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 distinct commercial uses; 4. The proposed development would be compatible with the general plan and will aid in the harmonious development of the immediate area in that a landscape supply business is consistent with the existing adjacent commercial and industrial uses within the same Zoning District; 5. 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; 6. 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 Zoning District; and, 7. The Proposed Conditions of Approval are sufficient to mitigate any detrimental impacts specified that may be caused by this application. THEREFORE, BE IT RESOLVED that the Planning Commission approves an Administrative Planned Development Permit (PLN2009-150) to allow the continuance of early morning business operations prior to 6 a.m. for an existing business (Sierra Pacific Turf Supply, Inc.) on property owned by Don and Becky Naumann located at 510 Salmar Avenue. 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 Planning Commission Resolution No. 3974 PLN2009-150 - 510 SalmarAvenue -Administrative Planned Development Permit Page 3 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. 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\& AAccepted: Becky Na ann, on behalf of Sierra Pacific Turf Date 2. Approved Project: Approval is granted for an Administrative Planned Development Permit (PLN2009-150) to allow continued Late Night Activity (early morning business operations) in conjunction with an existing landscape supply, maintenance and distribution facility (Sierra Pacific Turf). The project shall substantially conform to the project site plan and operational description dated as received by the Planning Division on November 19, 2009, except as may be modified by the conditions of approval contained herein. 3. Transferability: Prior to issuance of a business license pursuant to this Administrative Planned Development Permit, applicant shall be required to 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 ±he !andscape s~:pply, maintenance and distribution facility. Abandonment, discontinuation, or ceasing of operations for a continuous period of twelve months shall void the Administrative Planned Development Permit approved herein. 5. Violations: 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 immediate modification of the approved hours of operation by the Community Development Director and also the consideration of revocation of the Administrative Planned Development Permit by the Planning Commission. 6. Business Operational Hours: The hours of operation shall be restricted to 4 a.m. to 9 p.m. daily. Warehouse hours to cease by 9 p.m. Office hours allowed until 11 p.m. Planning Commission Re~ .ution No. 3974 PLN2009-150 - 510 Salmar Avenue -Administrative Planned Development Permit Page 4 7. Early Morning Business Related Activity: All early morning loading of materials shall occur within the existing commercial building on site, except for the movement of one delivery vehicle parked in outdoor storage and moved to the existing building to load. The loading of the one commercial vehicle shall occur during the prior day as feasibly possible. The second vehicle, parked in the outdoor storage area and moved for loading purposes in the morning, shall also be loaded in the building. Due to the low door opening, the forklifts will need to be loaded onto the trucks immediately outside the loading bay. No outdoor delivery of materials or equipment, no outdoor relocation of materials or equipment, or outdoor loading of materials or equipment shall occur between the hours of 9:00 p.m. and 6:00 a.m. daily. 8. Outdoor Business Operations: All outdoor operational activity related to the existing business, exclusive of the movement of commercial delivery vehicles in preparation of early morning loading of materials and equipment and the loading of the forklifts onto the trucks, shall be limited to 6:00 a.m. to 9:00 p.m. daily. 9. signage: No signage is approved as part of the development application approved herein. All signage shall be installed and maintained consistent with the provision of the Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code. 10. Noise: a. Noise Management: In the event complaints are received by the City regarding noise, the Community Development Director may immediately modify the hours of operation, subject to the project being brought back to the Planning Commission for review. The Director to modify noise reduction measures if unintended consequences (Option 3). b. Front, Side and Rear Doors: The pedestrian doors to remain closed between 4 a.m. and 6 a.m. and roll up doors closed as practical (i.e., to avoid impacting normal operations). c. City Monitoring: City staff should review police complaints at six months and as 12 months to assess the status of the project and complaints received. Staff to revisit alternatives to noise management, per the November 4, 2009 report from Charles M. Salter Associates, should noise complaints exist. 11. 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. 12. Parking and Driveways: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. Planning Commission Re. ution No. 3974 PLN2009-150 - 510 SalmarAvenue -Administrative Planned Development Permit Page 5 13. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. air conditioning units, ventilation ducts or vents), shall be added to the existing building without providing screening of the mechanical equipment from public view and surrounding properties. The screening material and method shall be architecturally compatible with the building and requires review and approval by the Community Development Director and Building Division prior to installation of such screening. PASSED AND ADOPTED this AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: Stn day of March, 2010, by the following roll call vote: Alster, Cristina, Ebner, Gibbons, Reynolds, Rocha and Roseberry None None None APPROVED: Elizabeth Gibbons, Chair ATTEST: Kirk Heinrichs, Secretary