PC Res 3974RESOLUTION 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 Resolution 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 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 Resolution 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 9t" day of March, 2010, by the following roll call vote:
AYES: Commissioners: Alster, Cristina, Ebner, Gibbons, Reynolds, Rocha and
Roseberry
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
APPROV D:
th Gibbons, Chair
i
ATTEST:
Kir ein chs, Secretary