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Modification to CUP - 2009 (2)CF ' Cti~~lj_, ~~ ~~ r U r Stephen Jamieson Solomon, Saltsman & Jamieson 426 Culver Boulevard Playa Del Rey, California 90293 °~cHAM1°~ CIT'E' of CAMPBPL~, City Attorneys Office November 24.2009 Re: Stipulation to Stay Enforcement re: 1860 W. Campbell Avenue Dear Mr. Jamieson: PLEASE kESPONU TO: 333 Church St. Suite A Sanca Cruz, CA 95060 TEL 831.423.8383 FAX 831.438.0104 Pursuant to my discussions with Ryan, I have enclosed duplicate originals of a revised Stipulation for Stay of Enforcement Pending Litigation, which I have executed. Assuming that the revised Stipulation meets with your satisfaction, please return a ful1S~ executed original to my office in the also enclosed return envelope. Once your action is filed. I can prepare an accompanying order for your review, have the Stipulation and Order filed with the court. As always, if you have any questions about this matter, please do not hesitate to let me know. Sincerely; .---~. i i~'''_ ~Villi_~ ~P~ ~ ~ -____.---- City Attorney of Campbell cc: kirk Heinrichs Daniel Fama 1 2 3 4 5 6 i 8 9 to 11 12 13 14 '_5 16 i? 18 ,y 2a 21 22 2~ 24 2 26 2e William R. Seligmann SBN 108129 City Attorney of Campbell Law Offices of William R. Seligmann 333 Church Street, Suite A Santa Cruz, California 95060 (831) 423-8383 Attorney for Respondent CITY OF CAMPBELL SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA WEST COAST PRODUCTS CO., LLC, Petitioner, vs. OF CAMPBELL Case No.: STIPULATION FOR STAY OF ENFORCEMENT PENDING LITIGATION Respondents. Recitals WHEREAS, on October 6, 2009, the City Council of Respondent CITY OF CAMPBEL adopted a Resolution upholding a decision of the Planning Commission of Respondent CITY O CAMPBELL to approve a modification to a conditional use permit (hereinafter referred to as th "Decision") concerning the operation of a gasoline station and mini-market (hereinafter referre to as the "Business") at l 860 W. Campbell Avenue. Campbell, California (hereinafter referred t as the "Premises"); WHEREAS, Petitioner BP WEST COAST PRODUCTS CO. LLC and GANESI GROUP, LLC have an interest in the Business and the Premises: and ~__ti~ia__,._ ~_ ~~~ ~ ~_ ~___~rc~ir:e: ~ - 3 5 6 a to ~2 13 ,~ ,~ iE is 1 G 20 2~ 2s ~~ r. ~- 2 E: WHEREAS, Petitioners are herein contesting various conditions of approval of thf Decision, as well as the need for Petitioners to obtain the modified conditional use permi (hereinafter referred to as the "Action") Stipulation Petitioners BP WEST COAST PRODUCTS CO. LLC and GANESH GROUP, LLC a Respondent CITY OF CAMPBELL hereby stipulate, by and through their attorneys of record other authorized representatives, as follows: 1. Except as otherwise set forth herein. Respondent CITY OF CAMPBELL shall s~ any and all enforcement of the conditions of approval on the Decision, or a limitations on the hours of operation of the Business until the earlier of the followi dates or events: a. The expiration of the applicable statute of limitations for challenging the Decision. if no complaint or petition is filed in this Action in the above encaptioned Court prior to that time; b. Upon entry of a final judgment of this Court concerning the Action; c. September 1, 2010, unless extended by further stipulation of the parties or order of the above-entitled Court: 2. Notwithstanding anything set forth herein to the contrary. Petitioners BP WESZ COAST PRODUCTS CO. LLC and GANESH GROUP,. LLC shall abide by the following conditions of approval on the Decision at all times that this stay is in effect: a. Operation of existing electronic screens (video and/or audio) shall only be allowed during the hours of 7:00 a.m. to 10:00 p.m.; b. All existing and new lighting shall conform to City of Campbell Lighting Desi~r. Standards (Campbell Municipal Code ~ 21.18.090): and cut-off shields shall be installed on the overhead canopy Lighting fixtures as indicated on Campbell Building Permit BLD2009-00279; 4 E a y to '_1 ,? i~ ,^ lE _; ie 1~ 20 21 22 23 24 ~. 2c G^ 28 c. Outdoor notices shall be installed within the fueling area requesting tha customers limit excessive noise; such notices shall be made of a durable materia and affixed in a secure manner; d. All trash, normal clean-up, site cleaning, and trash removal shall be done only during the hours of 6:00 a.m. to 10:00 p.m. daily; e. Pursuant to the Campbell Municipal Code, operation of power equipment (i.e "power washers") shall be limited to the hours of 8:00 a,m. to 7:00 p.m. Monda} through Friday, and between 9:00 a.m. to 6:00 p.m. Saturday, Sunday anc nationally recognized holidays. Dated: Solomon, Saltsman & Jamieson by Stephen Allen Jamieson Attorney fog Petitioner BP WEST COASZ PRODUCTS CO. LLC Dated: GANESH GROUP, LLC by type or print name 1tS type or print title Dated: O,~t ~ ~~'~~ William R. Seligmann, City Attorney of Campbell for Respondent CITY OF CAMPBELL .:~ ia~_.,r_ ~_ ~~ _ __ Ezforesmen~ - .`, •l . ~ ~/~ ti ~' FF T pi - ~~. ~~ tf ~/fil~~~ll ll _0vl..~i._. ~.Oilllll Ll lllCl ~)C ic!tln(11cfP. 1)t'(1,; i~CILCi'. _ October 22, 2009 Sanjay Bhanvadia Ganesh Group, LLC 1860 W. Campbell Ave. Campbell CA, 95008 Subject: File No. PLN2009-96 Business: Arco AM/PM Address: 1860 W. Campbell Ave. Dear Mr. Bhanvadia, This letter is to follow up on the City Council's action of October 6, 2009 to adopt a resolution (enclosed) denying an appeal and upholding the Planning Commission's approval of a Modification (PLN2009-96) to apreviously-approved Conditional Use Permit (UP 83-07) to allow for limited late-night hour operation of an existing Arco AM/PM located at the above referenced address. This approval is subject to several conditions of approval that limit the operational scope of your business. Please note that these conditions are in effect as of the City Council decision to uphold the Planning Commission's action, unless otherwise stated in this letter. The Planning Division is contacting you at this time to reiterate some of the restrictions that are now applicable to your business. a. Declaration of Acceptance of All Conditions: Within thirty (30) days of City Council action, the applicant shall sign one (1) copy of the subject City Council Resolution... Action to Take: By November 5, 2009, please return the enclosed City Council resolution with the acknowledgment on Page 4 signed either by yourself or by an authorized representative of BP West Coast Products. b. Hours of Operation: Approval is granted for a Modification (PLN2009-96) to a previously approved Conditional Use Permit (UP 83-07) to allow hours of operation between 6 a.m. and 2 a.m. the following morning, Monday through Sunday. Action to Take: The store hours are required to be adjusted as stated above. Please note that between the hours of 2 a.m. to 6 a.m. no customers, employees, or contractual staff (e.g., janitorial services) may be within the store or on-site. This does not include the lawful, reasonable and customary use of the business for administrative work by the owner PLN2009-96 .,, 1860 W. Ca~npbt~~ Ave. Page 2 of 3 in a manner that does not interfere with the reasonable use and enjoyment of other properties. c. Electronic Screens: Operation of existing electronic screens (video and/or audio) shall only be allowed during the hours of 7:00 AM and 10:00 PM. Action to Take: Limit the use of the screens as stated above. d. Lighting: All existing and new lighting shall conform to the City of Campbell Lighting Design Standards (CMC ~ 21.18.090). Cut-off shields shall be installed on overhead canopy lighting fixtures as indicated on Building Permit BLD2009-00279. Action to Take: Obtain Building Permit BLD2009-00279 and proceed with construction activities. e. Gasoline Deliveries: Gasoline deliveries shall be limited to 7:00 AM to 10:00 PM, daily. Action to Take: Limit the hours of gasoline deliveries as stated above. f. Product Deliveries: All other product deliveries shall be limited to 6:00 AM to 10:00 PM, daily. Action to Take: Limit the hours of product deliveries as stated above. g. Pump Closure: Fueling pumps located on the westerly-most fueling island shall be closed between the hours of 10 PM to 7 AM, daily. Action to Take: Implement the pump closure as stated above. h. Noise Control: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, music, and/or public address system, generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. Property owner shall installed outdoor notices within the fueling area requesting that customers limit excessive noise. Such notices shall be made of a durable material, affixed in a permanent and secure manner, and shall be constructed and installed to the satisfaction of the Community Development Director. Action to Take: As soon as possible, please provide the Planning Division with a proposal for the required notices indicating language, size, location(s), material(s), and mounting method. Outdoor Cleaning: All trash, normal clean up, site cleaning, and trash removal shall only be done during the hours of 6 AM to 10 PM, daily. Action to Take: Limit outdoor cleaning as stated above. Mechanical Equipment: Pursuant to the Campbell Municipal Code, operation of power equipment (i.e. `'power-washer"), shall be limited to the hours of 8:00 AM and 7:00 PM PLN2009-96 ~ 1860 W. Campbe~~ Ave. Page 3 of 3 Monday through Friday, and between the hours of 9:00 AM and 6:00 PM Saturday, Sunday and nationally recognized holidays. Action to Take: Limit the use of mechanical equipment as stated above. k. Employee Notice: Property owner shall post in a conspicuous place, visible to all store employees, a notice of all applicable time restrictions specified herein. Such notice shall be made of a durable material, affixed in a permanent and secure manner, and shall be constructed and installed to the satisfaction of the Community Development Director. Action to Take: As soon as possible, please provide the Planning Division with a proposal for the required notices indicating language, size, location(s), material(s), and mounting method. Training Requirement: The owner and all station employees shall be required to undergo training on the management of loud, challenging, unruly or aggressive patrons from an established program that offers such training; and present proof of such training to the Community Development Director. Action to Take: As soon as possible, please provide the Planning Division with a description of a training program to satisfy this requirement and indicate a schedule for completion. Please give me a call at your earliest convenience to arrange a meeting to discuss these requirements. I may be contacted (408) 866-2193 or by email at danielf(a,cityofcampbell.com. Sincerely, ~~ ~ --~~~~- Daniel Fama Assistant Planner ~~ ,,:-- %~ ~ _-- Encl: City Council Resolution No. ] 1085 Cc: Kirk Heinrichs, Community Development Director Paul Kermoyan, Planning Manager William Seligmann, City Attorney Susan Morgado-Gray, Code Enforcement Officer Anne Bybee, City Clerk Jonathan Ramos, Stantec Architectural, Inc., 1137 N. McDowell Blvd, Petaluma, CA 94954 Stephen Allen Jamieson, Esq., 426 Culver Blvd., Playa Del Rey, CA 90293 BP West Coast Products, Attn: Kent Allen, 4 Centerpointe Dr., La Palma, CA 90623-1066 OE ~ CAA ~~ ~~ V r y October 8, 2009 f •~~CH A~~• CITY of CAMPBELL Stephen Allen Jamieson City Clerk's Office Solomon, Saltsman & Jamieson 426 Culver Boulevard Playa Del Rey, CA 90293 RE: BP West Coast Products -Arco AM/PM 1860 W. Campbell Avenue Dear Mr. Jamieson: At its regular meeting of October 6, 2009, the Campbell City Council held a public hearing to consider an appeal submitted on behalf of BP West Coast Products, of a Planning Commission decision approving the application of Jonathan Ramos, Stantec Architectural, Inc., for a Modification to apreviously-approved Conditional Use Permit to allow late-night operational hours of an existing Arco AM/PM service station and mini-market, on property owned by BP West Coast Products, located at 1860 W. Campbell Avenue in a C-1 (Neighborhood Commercial) Zoning District. After due consideration, the City Council adopted Resolution 11085 denying the appeal and upholding the Planning Commission's action to approve a Modification of a previously approved Conditional Use Permit to allow late-night operational hours for an existing Arco AM/PM service station and mini-market on property owned by BP West Coast Products located at 1860 W. Campbell Avenue in a C-1-S (Neighborhood Commercial) Zoning District. A certified copy of Resolution 11085 is enclosed for your record. Please be advised 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 of law) sets forth a more specific time period. Please do not hesitate to contact this office (866-2117) or Daniel Fama, Assistant Planner, Community Development Department (866-2140), should you have any questions regarding the City Council's action. Sin ely, nne Bybee City Clerk enc. cc: Daniel Fama, Assistant Planner Jonathan Ramos, Stantec Architectural, Inc. 70 North First Street Campbell, California 95008-1436 ~ TEL 408.866.21 17 Fnx 408.374.6889 Teo 408.866.2790 RESOLUTION NO. iloas BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S ACTION TO APPROVE A MODIFICATION (PLN2009- 96) OF A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT (UP 83-08) TO ALLOW LATE-NIGHT OPERATIONAL HOURS FOR AN EXISTING ARCO AM/PM SERVICE STATION AND MINI-MARKET ON PROPERTY OWNED BY BP WEST COAST PRODUCTS LOCATED AT 1860 W. CAMPBELL AVENUE IN A C-1-S (NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT. APPELLANT: STEPHEN ALLEN JAMIESON, ON BEHALF OF BP WEST COAST PRODUCTS. FILE NO.: PLN2009-96. 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 City Council did find as follows with respect to application PLN2009-96. 1. At its regular meeting of July 26, 1983, the Planning Commission adopted Resolutions No. 2218 approving a Conditional Use Permit (UP 83-07), allowing the construction of a mini-market and service station and approval of off-sale of beer & wine. The approved Conditional Use Permit did not specify allowable hours of operation; 2. At its regular meeting August 25, 2009, the Planning Commission adopted Resolution No. 3960, approving a Modification (PLN2009-96) to a previously approved Conditional Use Permit (UP 83-07) to allow late-night operational hours (6 AM to 2 AM) for an existing Arco AM/PM service station and mini-market; 3. On September 4, 2009, the City of Campbell City Clerk received an appeal from Mr. Stephen Allen Jamieson, in representation of BP West Coast Products, appealing the August 25, 2009 decision of the Planning Commission to approve the application for a Modification of a previously approved Conditional Use Permit; 4. To the best of the City's knowledge, the subject service station and mini-market has operated 24-hours daily since its establishment in 1983; 5. The subject property is classified by the City of Campbell Zoning Map as C-1 (Neighborhood Commercial), subject to the provisions of Campbell Municipal Code (CMC) § 21.10.040 pertaining to lands classified as C-1 (Neighborhood Commercial); 6. The Campbell Municipal Code § 21.10.040 indicates that "late night activities," defined in part by CMC § 21.72.020 as "land use activities operating between the hours of 11:00 PM and 6:00 AM....," shall only be permitted in the C-1 (Neighborhood Commercial) Zoning District with approval of a Conditional Use Permit allowing such use; . ~; ~~, ,; :~ ~. ~_ : ; ~. ,: ~: ~ . ::; cam, City Council Resolution Page 2 Denying an Appeal and Upholding Planning Commission's Action PLN2009-96 - 1860 W. Campbell Avenue -Modification to Use Permit -Arco AM/PM 7. On April 3, 2001 the City Council adopted Ordinance No. 2002, requiring that all late- night uses obtain a Conditional Use Permit to allow late-night operation. The ordinance specified an amortization period of 24 months from the latter of the effective date of the ordinance or the date the use became non-conforming. After such time, existing uses with late-night activities would have to come into compliance with the ordinance by either ceasing operation between the hours of 11:00 PM to 6:00 AM or by applying for a Conditional Use Permit to allow activity during these hours. The instant use lost its non-conforming status pursuant to Ordinance 2002 on May 3, 2003; 8. The approval of late night operations and extension of salable hours of alcoholic products (beer & wine) are permitted in the C-1 (Neighborhood Commercial) Zoning District with approval of a Conditional Use Permit; 9. The project site consists of a 21,869 square-foot site, with a 2,849 square-foot retail building (mini-market) and four fueling islands; 10. The project site is located on the southwest corner of West Campbell Avenue and Fulton Street; 11. The project site abuts multi-family residential uses to the west and south, and is adjacent to the single-family residential uses to the north and commercial uses to the east; 12. Residents of the neighboring residential uses have been disturbed late at night and early in the morning by noise and light emanating from the current gasoline station and mini-market, including but not limited to light from outdoor lighting fixtures and noise from outdoor speaker, patron, and delivery trucks and personnel. The conditions of approval to this use permit are necessary to mitigate those impacts; 13. The site has seven existing parking spaces, not including queuing spaces located within the fueling area; 14. The application for late night operations does not include an expansion of the use nor another change that would incur a greater parking demand; 15. The Police Department has no objections to this application; 16. Business/operational hours shall be allowed between 6 a.m. and 2 a.m. the following morning, Monday through Sunday; 17. The sale of alcoholic products shall be limited to the hours permitted by the State of California; 18. To limit the impact of the requested late night operation, conditions of approval will restrict the operation of the use with the respect to noise, lighting, and deliveries; City Council Resolution Page 3 Denying an Appeal and Upholding Planning Commission's Action PLN2009-96 - 1860 W. Campbell Avenue -Modification to Use Permit -Arco AM/PM 19. The project qualifies as a Categorically Exempt project per 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 City Council further finds and concludes that, subject to the following conditions of approval: 1. Conditional Use Permit UP 83-07 did not permit or otherwise allow late night operation of the subject service station and convenience market. Pursuant to the amortization requirement indicated by Ordinance No. 2002, the subject service station and convenience market, operating pursuant to Conditional Use Permit UP 83-07, is permitted operation only during the hours of 6:00 AM to 11:00 PM, unless a Modification to the Conditional Use Permit is granted allowing continued late night operation; 2. Approval of late night operational hours, as permitted and conditioned, will not detrimentally impact adjacent or abutting residences; 3. The proposed project is consistent with the General Plan and Zoning Ordinance; 4. The establishment, maintenance, or operation of the use will not be detrimental to the public health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City; 5. The proposed use is compatible with the uses in the area; 6. The subject site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features required in order to integrate said use with uses in the surrounding area; 7. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such uses would generate; 8. The proposed project will aid in the enhancement and the harmonious development of the immediate area; 9. The extension of salable hours of alcoholic products does not constitute an over concentration of such uses in the area; 10. The continued establishment of a general off-sale beer & wine license will not result in an over concentration of such uses in the area, create a nuisance due to litter, noise, traffic, vandalism, or other factors, significantly disturb the peace and enjoyment of the nearby residential neighborhood, or significantly increase the demand on City services; 11. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project; City Council Resolution Page 4 Denying an Appeal and Upholding Planning Commission's Action PLN2009-96 - 1860 W. Campbell Avenue -Modification to Use Permit -Arco AM/PM 12. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. THEREFORE, BE IT RESOLVED that the City Council denies an appeal and upholds the Planning Commission's action to approve a Modification (PLN2009-96) to a previously approved Conditional Use Permit (UP 83-07) to allow late night operational hours for an existing Arco AM/PM service station and mini market on property owned by BP West Coast Products located at 1860 W. Campbell Avenue in a C-1-S (Neighborhood Commercial) Zoning District. Where approval by the Director of Community Development, 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 City Council action, the applicant shall sign one (1) copy of the subject City Council Resolution upholding the Planning Commission's action to approve a Modification (PLN2009-96) to a previously approved Conditional Use Permit (UP 83-07), incorporating the final approved set of Conditions of Approval. Until said Resolution is signed, the approved Modification to a previously approved Conditional Use Permit shall not be valid for any permits sought from the City. Acknowledged & Accepted: BP West Coast Products Date 2. Approved Project: Approval is granted for a Modification (PLN2009-96) to a previously approved Conditional Use Permit (UP 83-07) to allow hours of operation between 6 a.m. and 2 a.m. the following morning, Monday through Sunday, of an existing service station and mini-market with off-sale of beer & wine on property located at 1860 W. Campbell Avenue. The project shall substantially conform to project plans dated as received by the Planning Division on July 13, 2009, and the written description dated as received by the Planning Division on August 12, 2009, except as may be restricted by the Conditions of Approval specified herein. City Council Resolution Page 5 Denying an Appeal and Upholding Planning Commission's Action PLN2009-96 - 1860 W. Campbell Avenue -Modification to Use Permit -Arco AM/PM 3. Supersession of Previous Conditions of Approval: Upon the effective date of the Resolution approving this Modification (PLN2009-96), the previously approved Conditions of Approval (UP 83-07) shall be void and shall permanently be superseded in their entirety by the Conditions of Approval specified herein. 4. Transferability: Prior to sign off of a business license pursuant to this Modified Conditional Use Permit to a new owner(s) of the subject business, said new owner(s) shall be required to a sign the Planning Commission Resolution, incorporating the final approved set of Conditions of Approval. 5. Conditional Use Permit Approval Expiration: The Modified Conditional Use Permit approval shall be valid in perpetuity with continued operation of the service station and mini-market. Abandonment, discontinuation, or ceasing of operations for a continuous period of twelve months shall void the Modified Conditional Use Permit approved herein. Upon vacation of the Modified Conditional Use Permit, the use shall not be reestablished. 6. Operational Restrictions: Late night operation of the subject service station and mini- market shall be subject to the following restrictions. Significant deviations from these restrictions, as determined by the Community Development Director, shall require approval of a Modification to the Modified Conditional Use Permit approved herein: a. Electronic Screens: Operation of existing electronic screens (video and/or audio) shall only be allowed during the hours of 7:00 AM and 10:00 PM. b. Lighting: All existing and new lighting shall conform to the City of Campbell Lighting Design Standards (CMC § 21.18.090). Cut-off shields shall be installed on overhead canopy lighting fixtures as indicated on Building Permit BLD2009- 00279. c. Gasoline Deliveries: Gasoline deliveries shall be limited to 7:00 AM to 10:00 PM, daily. d. Product Deliveries: All other product deliveries shall be limited to 6:00 AM to 10:00 PM, daily. e. Pump Closure: Fueling pumps located on the westerly-most fueling island shall be closed between the hours of 10 PM to 7 AM, daily. Noise Control: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, music, and/or public address system, generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. Property owner shall installed outdoor notices within the fueling area requesting that customers limit excessive noise. Such notices shall be made of a durable material, affixed in a permanent and secure manner, and shall be constructed and installed to the satisfaction of the Community Development Director. City Council Resolution Page 6 Denying an Appeal and Upholding Planning Commission's Action PLN2009-96 - 1860 W. Campbell Avenue -Modification to Use Permit -Arco AM/PM g. Outdoor Cleaning: All trash, normal clean up, site cleaning, and trash removal shall only be done during the hours of 6 AM to 10 PM, daily. h. Mechanical Equipment: Pursuant to the Campbell Municipal Code, operation of power equipment (i.e. "power-washer"), shall be limited to the hours of 8:00 AM and 7:00 PM Monday through Friday, and between the hours of 9:00 AM and 6:00 PM Saturday, Sunday and nationally recognized holidays. Employee Notice: Property owner shall post in a conspicuous place, visible to all store employees, a notice of all applicable time restrictions specified herein. Such notice shall be made of a durable material, affixed in a permanent and secure manner, and shall be constructed and installed to the satisfaction of the Community Development Director. Training Requirement: The owner and all station employees shall be required to undergo training on the management of loud, challenging, unruly or aggressive patrons from an established program that offers such training; and present proof of such training to the Community Development Director. 7. Revocation of Permit: In the event credible complaints are received by the City of violations of these conditions of approval or any applicable law, the Community Development Director may immediately modify the hours of operation and/or limit the extended hours of operation, subject to the project being brought back to the Planning Commission for review. 8. Selling of Alcohol: The continued selling of alcoholic products shall be subject to the following restrictions: a. The sale of alcoholic products shall be limited to the hours permitted by the State of California. b. The applicant shall maintain in good standing the appropriate off-sale beer & wine license from the State Department of Alcoholic Beverage Control for the sale of beer & wine products. 9. 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. 10. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment, materials or business vehicles shall be parked and/or stored outside the building or within the parking lot. COUNTY FIRE DEPARTMENT 11. Fire Extinguisher: All portions of the retail building shall be within 75 feet of a fire extinguisher. The minimum size of the extinguisher shall be 2-A:10-BC. City Council Resolution Page 7 Denying an Appeal and Upholding Planning Commission's Action PLN2009-96 - 1860 W. Campbell Avenue -Modification to Use Permit -Arco AM/PM 12. Trash Enclosure: If the trash enclosure is not currently protected, provide a sprinkler head to fully cover the trash container(s), as this enclosure is within 5 ft. of the building. The sprinkler can be provided from the domestic water service, if the building does not have a sprinkler system. 13. Exit Doors: Exit doors shall be operable from the inside without the use of a key, thumb turn, or any special knowledge or effort. Manually operated edge- or surface mounted flush bolts and surface bolts shall not be used on exit doors. PASSED AND ADOPTED this 6tn day of October , 2009, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: AI Kotowski, Furtado, Baker, Low, Kennedy None None None 'PROVED: .G~ .L J ne P. Ken a y, Mayor ATTEST: Anne Bybee, City Clerk ~~•~F • CA^,jnec^ MEMORANDUM •CRCM ARD CITY OF CAMPBELL City Clerk's Office To: Daniel Fama, Assistant Planner Date: October 8, 2009 From: Anne Bybee, City Clerk Subject: Appeal of Stephen Allen Jamieson of Planning Commission decision approving Modification to apreviously-approved Conditional Use Permit to allow late-night operational hours of an existing Arco AM/PM service station and mini-market -1860 W. Campbell Avenue At its regular meeting of October 6, 2009, the City Council adopted Resolution 11085 denying an appeal and upholding the Planning Commission approval of a Modification (PLN2009-96) to a previously-approved Conditional Use Permit (UP83-07) to allow late-night operational hours of an existing Arco AM/PM service station and mini-market. Attached is a certified copy of Resolution 11085 and copy of letter to appellant. Patty Lasky appeared before the City Council on behalf of the California Nurses Association and spoke against the proposed text amendment. Bob Alderete, Campbell resident, appeared before the City Council and spoke in support of the proposed text amendment. There being no one else wishing to speak, Mayor Kennedy closed the public hearing. Following City Council discussion, M/S: Furtado/Kennedy -that the City Council refer the item back to the Planning Commission for review and recommendation of staff's expanded environmental analysis for the proposed Campbell Zoning Ordinance amendment to amend Title 21, Sections 21.10.070 C and 21.72.020 pertaining to "Hospital" uses within the C-M (Controlled Manufacturing) zoning district. Motion adopted by the following roll call vote: AYES: Councilmembers: Kotowski, Furtado, Baker NOES: Councilmembers: Low, Kennedy 10. Appeal of Mr. Stephen Allen Jamieson, on behalf of BP West Coast Products, of a Planning Commission Decision approving the Application of Mr. Jonathan Ramos, Stantec Architectural, Inc., for a Modification (PLN2009-96) to apreviously-approved Conditional Use Permit (UP83-07) to allow late-night operational hours of an existing Arco AM/PM service station and mini-market, on property owned by BP West Coast Properties, located at 1860 W. Campbell Avenue in a C-1-S (Neighborhood Commercial) Zoning District (Resolution/Roll Call Vote) This is the time and place for a public hearing to consider an Appeal of Mr. Stephen Allen Jamieson, on behalf of BP West Coast Products, of a Planning Commission Decision approving the Application of Mr. Jonathan Ramos, Stantec Architectural, Inc., for a Modification (PLN2009-96) to apreviously-approved Conditional Use Permit (UP83-07) to allow late-night operational hours of an existing Arco AM/PM service station and mini-market, on property owned by BP West Coast Properties, located at 1860 W. Campbell Avenue in a C-1-S (Neighborhood Commercial) Zoning District. Community Development Director Heinrichs -Staff Report dated October 6, 2009. Mayor Kennedy declared the public hearing open and asked if anyone in the audience wished to be heard. Minutes of 10/6!2009 City Council Meeting 5 Stephen Jamieson, attorney for the Appellant, appeared before the City Council and spoke in support of an appeal to modify previously approved Conditions of Approval to allow the 24-hour operation of the service station and mini-market. Michael Bergh, Campbell resident, appeared before the City Council and spoke against the 24-hour operation citing on-going noise disturbances that impact the neighborhood. Bob Alderete, Campbell resident and former Planning Commissioner, appeared before the City Council and explained the Commission's reasoning for denying the 24-hour operation. Stephen Jamieson, Attorney, appeared before the City Council to clarify statements and presented a petition signed by residents who support the 24- houroperation. Will Smithers, Campbell resident, appeared before the City Council and spoke against the 24-hour operation citing noise disturbances that impact the neighborhood. There being no one wishing to be heard, Mayor Kennedy closed the public hearing. Following Council discussion, MIS: Kotowski/Furtado -that the City Council adopt Resolution 11085, incorporating Findings, denying an appeal and upholding the Planning Commission approval of a Modification (PLN2009- 96) to apreviously-approved Conditional Use Permit (UP83-07), to allow late-night operational hours of an existing Arco AM/PM service station and mini-market, subject to Conditions of Approval. Motion adopted by the following roll call vote: AYES: Councilmembers: Kotowski, Furtado, Baker, Low, Kennedy NOES: Councilmembers: None 11. Consideration of City-initiated Text Amendment (PLN2009-47) to add Chapter 21.41 and Amend Section 21.38.020 of the Zoning Title of the Campbell Municipal Code Requiring the Submittal of Pre-applications and Scheduling of a Study Session of Certain Projects prior to the submittal of a formal development application (Introduction of Ordinance/Roll Call Vote) This is the time and place for a public hearing to consider City-initiated Text Amendment (PLN2009-47) to add Chapter 21.41 and Amend Section 21.38.020 of the Zoning Title of the Campbell Municipal Code Requiring the Submittal of Pre-applications and Scheduling of a Study Session of Certain Projects prior to the submittal of a formal development application. Minutes of 10/612009 City Council Meeting 6 ~~.o~ ' ~~~~~ v ~r 0 0 ~~ `~ G • ~RCHAR9 City Council Report item: Category: Date: lo. Public Hearing October 6, 2009 TITLE Appeal of Mr. Stephen Allen Jamieson, on behalf of BP West Coast Products, of a Planning Commission decision approving the application of Mr. Jonathan Ramos, Stantec Architectural, Inc., for a Modification (PLN2009-96} to apreviously-approved Conditional Use Permit (UP83-07), to a{low late-night operational hours of an existing Arco AM/PM service station and mini-market, an property owned by BP West Coast Products, located at 1860 W. Campbell Avenue in a C-1 (Neighborhood Commercial) Zoning District. RECOMMENDATION Staff recommends that the City Council take the following action: Adopt a Resolution, incorporating the attached findings and Conditions of Approval, denying the appeal and upholding the Planning Commission approval of a Modification (PLN2009-96) to apreviously-approved Conditional Use Permit (UP83-07), to allow late-night operational hours of an existing Arco AM/PM service station and mini-market. BACKGROUND Late-Night Hour Business Regulations Businesses that operate with late-night hours of operation (between 11 PM to 6 AM) have historically presented a concern for the City due to the potential for these businesses to conflict with adjacent residential land uses. For this reason, the City has established policies and ordinances to regulate the hours of operation for these businesses. In 1993, the Zoning Ordinance was amended to require a Conditional Use Permit for any new late-night use. The 2001 General Pian (Strategy LUT-9.1d), states that the City should, "amend the Zoning Ordinance to establish limits and controls regarding operating hours for uses that are incompatible with adjoining residential due to noise, traffic or other disturbance." The City has twice adopted {in 2001 and 2007) ordinances requiring non-conforming late-night businesses to obtain either a Conditional Use Permit or an Administrative Planned Development Permit to continue late-night operation. Without obtainment of the necessary permit, these ordinances (nos. 2002 and 2093) terminated any right to non- conforming late-night hours as of May 2003 and November 2009, respectively. The intent of these ordinances is to allow the City the opportunity to evaluate these businesses with respect to location, type of use, impacts on surrounding properties, and compatibility with the neighboring area in order to apply conditions that would allow these businesses and adjacent residential uses to co-exist. City Council Report -October 6, 2009 Page 2 of 5 PLN2009-196 ~ 1860 W. Campbell Avenue Existing Conditional Use Permit The subject service station and mini-market were constructed pursuant to a Conditional Use Permit approved by the Planning Commission in 1983. At this time, hours of operation were not regulated by the Campbell Municipal Code. Accordingly, the Use Permit did not specify operational hours in the adopted resolution, application documents, or approved plans. The appellant represents that the station and mini- market have been operating during the late night hours since its construction. Staff has no means to verify this representation given that the Campbell Municipal Code did not regulate late-night hours prior to 1993. The business license for the station and mini- market for Arco AM/PM dates back to 1986 (prior to this, the station was likely operated by Wickland Oil Company-the company that originally obtained the Conditional Use Permit). Project History This application originally initiated with discussions between City staff and BP West Coast Products (BP) representatives in November and December of 2008. As part of a franchising transition of its service stations, BP is selling its stations to private owners. This required that a prospective franchisee obtain a new business license, replacing the existing license originally obtained in 1986. When the prospective franchisee applied for a business license fora 24-hour service station, staff reviewed the existing Use Permit to verify there was approval for 24-hour operation. As noted, the Use Permit did not indicate hours of operation. Staff determined that without specific approval for late-night operations, the Use Permit did not permit 24-hour operation of the service station and mini-market, even if the station operated in that capacity for 25 years. After discussing this issue with BP representatives, staff was informed that the company would submit an application to modify the previously approved Conditional Use Permit to legitimize the 24-hour operation of the service station and mini-market. An application was originally submitted on January 20, 2009, but was later withdrawn. A second application was submitted on July 13, 2009 and reviewed by the Planning Commission on August 25, 2009. DISCUSSION Planning Commission Action: At its meeting of August 25, 2009, the Planning Commission approved (6-0-1) the application for a Modification (PLN2009-96) to a previously approved Conditional Use Permit (UP83-07) to allow the late-night operation of an existing Arco AM/PM service station and mini-market. The Commission's meeting minutes are included as Attachment 2. The staff report, which provided specific project details, is included as Attachment 3. At the August 25th hearing, the Planning Commission took public comment from neighbors and received a neighborhood petition signed by residents from approximately 30 households (reference Attachment 4). Neighbors conveyed complaints regarding loitering, loud noise, bright lighting, and criminal activity associated with the business. City Council Report -October 6, 2009 Page 3 of 5 PLN2009-196 ~ 1860 W. Campbell Avenue The Commission expressed concern regarding secondary impacts attributed to the business, especially the effect of unrestricted loitering on the property. For this reason, the Planning Commission's resolution for approval (reference Attachment 5) included a condition requiring that store employees obtain training in customer management in order to prevent loitering. In addition, the Planning Commission's approval of the application for late-night operation of the station was limited to 6 AM to 2 AM (i.e., a 20- houroperation), as opposed to the requested 24-hour operation. Appeal: On September 4, 2009, the City Clerk received a letter of appeal from the BP West Coast Products, appealing the Planning Commission's decision to approve the Conditional Use Permit modification application (reference Attachment 6). The appellant challenges the limited approval of the Modification, the conditions of approval imposed by the Modification, and the City's basis for requiring the Modification. ANALYSIS Notwithstanding the appellant's argument against the necessity of this application, the appellant questions the appropriateness of the imposed conditions of approval. Specifically, the appellant contends that the imposed conditions are "unnecessary, vague, inadequate, and not calculated nor tailored to mitigate the potential or actual impact relative to 24 hour use,..." among other issues contained in the September 4 appeal letter. The purpose of a Conditional Use Permit application is to review a project's ability to integrate into the surrounding neighborhood and to impose conditions necessary to ensure that a use avoids or minimizes neighborhood impacts. Accordingly, the Planning Commission's approval aimed to provide a framework in which the service station and mini-market can operate in an unobtrusive manner. In doing so, the Commission imposed various conditions designed to mitigate or minimize the impacts of the business. The Conditions were designed to address several potential sources of noise and lighting impacts. The Commission's conditions of approval limited hours for gasoline and product deliveries, outdoor cleaning, the use of electronic screens, and the use of mechanical equipment. Additionally, the Commission required that existing lighting be shielded (to reduce glare), that a fueling island near residences be closed at night, and that store employees undergo training in customer management so that they can effectively challenge patrons who engage in behavior in violation of the Use Permit (i.e., excessive noise, loitering, etc.). ALTERNATIVES If the Council wishes to uphold the appeal in some form to allow the business to operate 24 hours, three alternatives may be considered: 1. Appellant's Preference: The appellant's appeal letter states that BP West Coast Products would be amenable to subjecting the service station and mini-market to City Council Report -October 6, 2009 PLN2009-196 ~ 1860 W. Campbell Avenue Page 4 of 5 a Modified Conditional Use Permit, so long as all the recommended conditions of approval are removed and replaced with the following conditions: • During the hours between 11:00 PM and 5:00 AM Arco AM/PM agrees to: o Shut down the video monitors on top of the pumps; o Cease use of the PA system; o Install light shields around the perimeter of the canopy to direct light downward; and o Not permit deliveries during this time. • Additionally, the Arco AM/PM agrees to: o Install signs prohibiting loitering; o Install signs requesting customers to be quite in their use of and exist from the site; and o Increase monitoring of the site and its customers. This alternative would allow the continued 24-hour operation the service station and mini-market with fewer operational restrictions than were required by the Planning Commission's approval. The following table provides a comparison between the conditions of approval required as part of the Planning Commission approval and those suggested by the appellant's alternative: Condition of Approval PC Approval Appellant's Alternative Hours of Operation: 6 AM to 2 AM Hours of Operation: 24 hours Project Approval (No. 2) Incorporated application documents Removal of references to project plans with approval. and operational description. Supersession of Previous Conditions of Voided and superseded conditions of All conditions from the 1983 Use Approval (No. 3) approval from the 1983 approval. Permit to remain. Electronic Screens (a) Allowed 7 AM to 10 PM Allowed 5 AM to 11 PM Install cut-off shields in existing Install cut-off shields in existing canopy canopy lighting and conform to City lighting. Lighting (b) Lighting Design Standards as necessary. Gasoline Deliveries (c) Allowed 7 AM to 10 PM Unrestricted _ Product Deliveries (d) Allowed 6 AM to 10 PM Allowed 5 AM to 11 PM `O Close westerly pump island from 10 No closure Z Pump Closure (e) pM to 7 AM c Prohibits noise from being audible to Install signs "requesting customers to adjacent residences. Install signs be quite in their issue of exist from the ~ .r Noise Control (f) requesting customers refrain from site." Oa ~ excessive noise. Outdoor Cleaning (g) Allowed 6 AM to 10 PM Unrestricted Require notice within mini-market of No notice Employee Notice (i) all applicable restrictions Require employee training for No training, but "increase monitoring. Employee Training (j) customer management to prevent of the site and its customers and install loitering. signs prohibiting loitering. Allow Community Development No such authority granted. Revocation of Permit (No. 7) Director to suspend late night hours City Council Report -October 6, 2009 PLN2009-196 ~ 1860 W. Campbell Avenue Page 5 of 5 Condition of Approval PC Approval Appellant's Alternative following verified complaints subject to the permit being brought back to the Planning Commission. 2. Staff's Recommendation to the Planning Commission: Staff's recommendation to the Planning Commission was for 24-hour operation of the service station and mini-market with the included conditions of approval except for the additional condition added by the Planning Commission (No. 6.J) -employee training. 3. Uphold the appeal, subject to revised conditions of approval: Lastly, the Council may direct staff to craft a modified approval for 24-hour operation that includes some variation to the approved conditions of approval and/or new conditions of approval. If the Council wishes resolution at the next n Prepared by: ~~ to pursue an alternative action, staff will return with a draft meeting for the Council's consideration. ~~~ - Daniel Fama, stant Planner 1;,~ Reviewed by: Paul Ker ~~yan, Planning Manager i r ~ Reviewed by: Kir ~ Heinric s, Community Development Director "; ~. Approved by: ' Daniel Rich, City Manager Attachments: 1. City Council Draft Resolution denying an appeal and upholding the approval of the Planning Commission. 2. Planning Commission Staff Report, dated August 25, 2009 3. Planning Commission Meeting Minutes, dated August 25, 2009 4. Neighborhood Petition 5. Planning Commission Resolution No. 3960 6. Letter of Appeal, dated September 4, 2009 Attachment 2 It. aF • ~AMn /.-~ et^ 0 o CITY OF CAMPBELL • PLANNING COMMISSION f c Staff Report • August 25, 2009 •~'~CH AR~• Public Hearing to consider the application of Mr. Jonathan Ramos, Stantec PLN2009-96 Architectural Inc., on behalf of BP West Coast Projects, for a Modification Ramos, J. (PLN2009-96) to apreviously-approved Conditional Use Permit (UP83- 07) to allow 24-hour operation of an existing Arco service station (convenience market and service pumps) on property owned by BP West Coast Products located at 1860 W. Campbell Avenue in a C-1 (Neighborhood Commercial) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following action: 1. Adopt a Resolution, incorporating the attached findings, approving a Modification (PLN2009-96) to apreviously-approved Conditional Use Permit (UP83-07} to allow 24-hour operation of an existing Arco service station (convenience market and service pumps), subject to the attached conditions of approval. ENVIRONMENTAL DETERMINATION Staff recommends that the Planning Commission 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 Net Lot Area: Gross Lot Area: Building Area: Zoning District: General Plan Designation Parking Provided: Parking Required: Requested Operational Hours 21,869 sq. ft. (.50 acre) 33,225 sq. ft. (.75 acre) 2,849 sq. ft. C-1 (Neighborhood Commercial) Neighborhood Commercial 7 (existing spaces) 14 (1 space for each 200 sq. ft. of retail building area) 24 hrs., Monday -Sunday Surrounding Uses: North: Single-Family Residential South: Multi-Family Residential East: Multi-Family Residential (San Jose) West: Commercial Staff Report -Planning Commission Meeting of August 25, 2009 Page 2 of 6 PLN2009-96 - 1860 W. Campbell Avenue BACKGROUND This request originally initiated with discussions between City staff and BP West Coast Products (BP) representatives in November and December of 2008. As part of a franchising transition of its service stations, BP is selling its stations to private owners. When a prospective new owner of this station came to the Planning Division counter to apply for a Business License that indicated 24-hour operation, staff researched the property and found that there was no specific approval for late-night hours. After discussions with the BP representatives, staff was informed that the company would submit for a modification to a previously approved Conditional Use Permit to legitimize the 24-hour operation of the existing service station and mini-market This application is the applicant's second request for a Modification. A previous application was submitted in January. The following summarizes the review of the requests for 24-hour operation of the subject service station and mini-market. • January 20, 2009: Original application (PLN2009-12) submitted. • March 24, 2009: First Planning Commission hearing held. Continued for two meetings at the request of the applicant. • April 28, 2009: Second Planning Commission hearing held. Continued for one meeting at the request of the applicant's counsel. • May 12, 2009: Third Planning Commission hearing held. Continued for two meetings at the request of the applicant's counsel. • June 9, 2009: Fourth Planning Commission hearing scheduled. • June 9, 2009: Original application withdrawn. • June 11, 2009: City issues a Notice of Noncompliance for unpermitted 24-hour operation of the subject service station and mini-market. • July 7, 2009: City Council authorizes the City Attorney to execute a "stipulation" preserving the applicant's right to contend that the modification to the Use Permit is not required. • July 13, 2009: New application (PLN2009-96) submitted. The request for a modification to legitimize the 24-hour operation of the subject service station and mini-market has been delayed for several months due to a disagreement between the City and the applicant's counsel. The City and the applicant do not agree over the appropriateness or necessity of this application since the station has operated 24-hours a day for 25 years. The previous application for a modification was continued several times while the applicant's counsel and the City Attorney conferred on this and other related matters. The previous application was ultimately withdrawn by request of the applicant due to the applicant's concern that continuing the process might negate its right to contend that the modification to the Use Permit is not required. Immediately following the withdrawal of this application, the Community Development Director issued a Notice of Noncompliance that specified that the City would convene arevocation/modification hearing to review the existing Conditional Use Permit if the applicant did not resubmit. Staff Report -Planning Commission Meeting of August 25, 2009 Page 3 of 6 PLN2009-96 - 1860 W. Campbell Avenue To resolve this issue and avert a potentially unnecessary code enforcement action, BP's attorney asked if the City Council could "stipulate" that if BP were to resubmit its modification application, that it would not cede its right to contest the City's decision in court. On July 7, the City Attorney presented this matter to the City Council for its consideration wherein the Council granted the "stipulation." Subsequently, the applicant submitted the application currently being presented to the Commission for its review and decision. DISCUSSION Applicant's Proposal: The applicant is requesting (reference Attachment 3) approval of a modification to a previously approved Conditional Use Permit (UP 83-07) to allow 24-hour operations of an existing service-station and mini-market (Arco-AM/PM) located at 1860 W. Campbell Avenue, west of the Kirkwood Shopping Center (reference Attachment 4 / 5 - Location Map /Aerial Image). Public Comment: Over the course of the previous application's review, staff had received four letters from three individuals regarding this application (reference Attachment 6). Existing Use Permit: At its meeting of July 26, 1983, the Planning Commission approved a Conditional Use Permit (UP 83-07) permitting construction of the service station and mini- market with off-sale of beer and wine on the subject property. The Use Permit did not specify operational hours in the adopted resolution, application documents, or approved plans. However, the applicant represents that the station has been operating during the late night hours for the past 25 years. Although this may not be true, staff has no means to verify this representation given that the Campbell Municipal Code (CMC) did not regulate late-night hours prior to 1993 (see below). ANALYSIS General Plan: The General Plan land use designation for the project site is Neighborhood Commercial. The proposed late night operational hours in conjunction with the existing service station is consistent with this land use designation. Zoning: The zoning designation for the project site is C-1 (Neighborhood Commercial). In 1983, when the aforementioned Conditional Use Permit (UP 83-07) was approved, late night activities were not defined or specified by the CMC in this or any other zoning district. Resultingly, the Conditional Use Permit was silent on hours of operation. Typically, this situation would not have affected or encumbered the property as the establishment could operate as a 24-hour business without receiving specific approval for the hours of operation. In 1993, the City amended the commercial zoning districts (C-l, C-2, and C-3) to require that any use in operation between the hours of 11 PM to 6 AM be considered a "late-night activity" subject to a Conditional Use Permit. Existing uses with late-night hours were permitted to continue operation as non-conforming uses so long as they did not extend their late-night or early morning hours. However, eight years later, in 2001, the City Council adopted Ordinance No. 2002, which established an amortization period for existing non-conforming late-night uses. This ordinance required that these uses (those legally established before 1993) obtain a Conditional Use Permit within two years or curtail their hours. Staff Report -Planning Commission Meeting of August 25, 2009 Page 4 of 6 PLN2009-96 -1860 W. Campbell Avenue In other words, with the adoption of Ordinance No. 2002, all businesses with late-night activities within the commercial zoning districts were required to obtain a Conditional Use Permit to allow such activity. While the subject property has a Conditional Use Permit (UP 83-07) for the operation of a service station and mini-market with off-sale of beer and wine (both conditional uses), it does not allow for late-night hours of operation. Consequently, to continue 24-hour operation of the establishment, a modification to the Conditional Use Permit is required. Late Ni hg t Operations: The operation of this service station and mini-market, as it relates to the request for continued 24-hour operation, presents two types of potential disturbances to the surrounding community. The first are primary impacts caused by and/or controlled by the establishment itself. As described in the attached correspondence, this includes excessive lighting, noise from electronic monitors, and disturbances caused by early morning deliveries of gasoline. These impacts are contrasted to secondary impacts indirectly associated with the establishment such as nuisance activity (loitering, public intoxication, etc.), and generally discourteous behavior on the part of business patrons (e.g., loud music at night, screeching tires, etc.). The City can mitigate primary impacts by imposing conditions of approval that place limits and requirements on the operation of the business. Reducing the effect of secondary impacts generally requires active involvement on the part of the business operator to diligently report nuisance activity and enforce good-neighbor behavior for patrons. However, to an extent, certain secondary impacts are reflective of the nature of certain businesses and cannot be completely eliminated. Police Department Review Staff requested that the Police Department provide a log of calls-for-service for the past two years related to the project site. Police Department staff indicated that the number of calls-for- service to this location are not unusually high, and are generally common for alate-night hour gas-station. The log shows complaints regarding power-washing late at night (an issue that has been resolved), loud noise from the displays on the gas pumps, minor altercations, petty thefts/shoplifting, general disturbances, and indescript incidents of suspicious behavior. Of the approximately 131 calls-for-service received in the last two years (from March), 61 were received during the hours of 12 AM to 6 AM and 50 between 6 PM and 12 AM. In conclusion, the Campbell Police Department reviewed this application and had no objection to the applicant's request. Staff Recommendation With the previous application, staff was not supportive of the request for 24-hour operation due to the proximity of residences to the south, west, and north of the property. It was felt that the disturbance to these adjacent residences could be best limited by reducing the hours of operation of the service station and mini-market. However, in the time that has passed since the original application was submitted, the applicant has reached out to affected property owners by arranging an on-site meeting to discuss what measures could be taken to lessen the impact of the station's 24-hour operation. Staff has also engaged in further discussions with the applicant to determine how the impact of the station to Staff Report -Planning Commission Meeting of August 25, 2009 Page 5 of 6 PLN2009-96 - 1860 W. Campbell Avenue the adjacent residences could be minimized. The applicant is willing to implement measures that will limit the impact of this business. Staff has included the following measures as conditions of approval that will reduce most of the primary impacts of the business, and to a lesser extent the secondary impacts: • Electronic Screens: The subject service station is equipped with television screens located above the fuel pumps. The screens will be required to be turned off between 10 PM to 7 AM, daily • Li htin :The applicant will install cut-off shields in the existing lighting fixtures to reduce glare to adjacent properties (this measure has already been incorporated as part of an unrelated building permit for an interior remodel). • Gasoline Deliveries: The applicant's written statement indicates that gasoline deliveries typically occur in the early morning hours. While the station would like to retain the flexibility of being able to handle deliveries as needed, 24/7, the applicant would be amendable to restricted hours to reduce the disruption to the community. Recent approvals limited deliveries to the evening/non-peak hours to limit potential traffic impacts on adjacent intersections. As this project site is not located at a major intersection, the primary reason to restrict fuel deliveries is to limit noise impacts to adjacent residences in the early morning or late night hours. Therefore, staff recommends that fuel delivery trucks be restricted to 7 AM to 10 PM, daily. • Partial Pump Closure: To minimize the impact of the station to the residences along the western property line, staff is recommending that the westerly-most fueling island be closed between the hours 10 PM to 7 AM, daily. • Product Deliveries: Staff recommends that deliveries of all other products be limited to 6 AM to 10 PM, daily. • Excessive Noise: A standard restriction will prohibit excessive noise from being audible to adjacent residential properties. To facilitate this, staff will require the installation of courtesy reminder signs that will remind patrons to lower the volume of music systems, limit vehicular noise (i.e., revving), and refrain from loud conversations during the late evening and early morning hours. • Outdoor Cleaning: Staff recommends that outdoor cleanup be restricted to 6 AM to 10 PM, daily. • Operation of Mechanical Equipment: Pursuant to the Campbell Municipal Code, operation of power equipment (i.e. "power-washer") is limited to the hours of 8:00 AM and 7:00 PM Monday through Friday, and between the hours of 9:00 AM and 6:00 PM Saturday, Sunday and nationally recognized holidays. • Notice to Employees: To facilitate compliance with the conditions of approval, a permanent notice within the store will inform ,employees of all applicable time restrictions. A standard condition of approval has been added that allows for review of the Conditional Use Permit by the Planning Commission if verified complaints are received by the City. If staff is unable to immediately resolve the matter with the business owner/operator, the Community Staff Report -Planning Commission Meeting of August 25, 2009 Page 6 of 6 PLN2009-96 - 1860 W. Campbell Avenue Development Director may immediately modify the hours of operation, subject to the project being brought back to the Planning Commission for review. In consideration of the applicant's recent efforts, the above restrictions, the Police Department's support, and the fact that this service station has operated for 25 years as a 24-hour business without serious incident, staff is now supportive of the current request for 24-hour operation. Parkin: The service station and mini-market is developed with seven parking spaces (not including fueling area queuing spaces). The mini-market requires one parking space per 200 sq. ft., yielding a parking requirement of 14 spaces for the 2,849 square-foot building. The application for 24-hour operations does not include an expansion of the tenant space nor another change that would incur a greater parking demand. Therefore no additional parking for the site is required. Site and Architectural Review Committee: The Site and Architectural Review Committee (SARC) did not review this application as no changes to the exterior of the building or site configuration are proposed in association with the application. As noted previously, however, the applicant has filed for a building permit for an interior remodel and an exterior "image upgrade." The scope of the exterior work includes repainting the mini-market building and fueling canopy, refacing of the existing fuel dispensers, and installing new signage. This work constitutes a minor alteration under CMC ~ 21.42.020(C)(3), that was approved by staff. Attachments: L Findings for Approval of File No. PLN2009-96 2. Conditions of Approval for File No. PLN2009-96 3. Location Map 4. Aerial Image S. Public Comments 6. Written Description 7. Project Plans 8. Site Photographs Prepared by: ~--- ~' Daniel Fama, Assistant Planner Reviewed by: Paul Kerr>~ioyan, Planning Manager Approved by: Kirk Heinric s, Community Development Director Attachment # 1 FINDINGS FOR APPROVAL OF FILE NO. PLN2009-96 SITE ADDRESS: 1860 W. Campbell Ave. APPLICANT: Jonathan Ramos on behalf of Stantec Architectural Inc. OWNER: BP West Coast Products, LLC P.C. MEETING: August 25, 2009 Findings for approval of a Modification (PLN2009-961 to a previousl~pproved Conditional Use Permit (UP 83-071 to allow 24-hour operation of an existing service station and mini-market on property located at 1860 W. Campbell Avenue The Planning Commission finds as follows with regard to file number PLN2009-96: 1. At its regular meeting of July 26, 1983, the Planning Commission adopted Resolutions No. 2218 approving a Conditional Use Permit (UP 83-07), allowing the construction of a mini- market and service station and approval of off-sale of beer & wine. The approved Conditional Use Permit did not specify allowable hours of operation. 2. To the best of the City's knowledge, the subject service station and mini-market has operated 24-hours daily since its establishment in 1983. 3. The subject property is classified by the City of Campbell Zoning Map as C-1 (Neighborhood Commercial), subject to the provisions of Campbell Municipal Code (CMC) § 21.10.040 pertaining to lands classified as C-1 (Neighborhood Commercial). 4. Campbell Municipal Code § 21.10.040 indicates that "late night activities," defined in part by CMC § 21.72.020 as "land use activities operating between the hours of 11:00 PM and 6:00 AM....," shall only be permitted in the C-1 (Neighborhood Commercial) Zoning District with approval of a Conditional Use Permit allowing such use. 5. On April 3, 2001 the City Council adopted Ordinance No. 2002, requiring that all late-night uses obtain a Conditional Use Permit to allow late-night operation. The ordinance specified an amortization period of 24 months from the latter of the effective date of the ordinance or the date the use became non-conforming. After such time, existing uses with late-night activities would have to come into compliance with the ordinance by either ceasing operation between the hours of 11:00 PM to 6:00 AM or by applying for a Conditional Use Permit to allow activity during these hours. 6. The approval of late night operations and extension of salable hours of alcoholic products (beer & wine) are permitted in the C-1 (Neighborhood Commercial) Zoning District with approval of a Conditional Use Permit. 7. The project site consists of a 21,869 square-foot site, with a 2,849 square-foot retail building (mini-market) and four fueling islands. 8. The project site is located on the southwest corner of West Campbell Avenue and Fulton Street. Attachment # 1 Pale 2 of 3 9. The project site abuts multi-family residential uses to the west and south, and is adjacent to the single-family residential uses to the north and commercial uses to the east. 10. The site has seven existing parking spaces, not including queuing spaces located within the fueling area. 11. The application for late night operations does not include an expansion of the use nor another change that would incur a greater parking demand. 12. The Police Department has no objections to this application. 13. Business/operational hours shall be allowed 24 hrs. Monday through Sunday. 14. The sale of alcoholic products shall be limited to the hours permitted by the State of California. 15. To limit the impact of the requested 24-hour operation, conditions of approval will restrict the operation of the use with the respect to noise, lighting, and deliveries. 16. The project qualifies as a Categorically Exempt project per 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 Planning Commission further finds and concludes that: 1. Conditional Use Permit UP 83-07 did not permit or otherwise allow 24-hour operation of the subject service station and convenience market. Pursuant to the amortization requirement indicated by Ordinance No. 2002, the subject service station and convenience market, operating pursuant to Conditional Use Permit UP 83-07, is permitted operation only during the hours of 6:00 AM to 11:00 PM, unless a Modification to the Conditional Use Permit is granted allowing continued 24-hour operation. 2. Approval of 24-hour business/operational hours, as permitted and conditioned, will not detrimentally impact adjacent or abutting residences. 3. The proposed project is consistent with the General Plan and Zoning Ordinance. 4. The establishment, maintenance, or operation of the use will not be detrimental to the public health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 5. The proposed use is compatible with the uses in the area. Attachment # 1 Page 3 of 3 6. The subject site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features required in order to integrate said use with uses in the surrounding area. 7. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such uses would generate. 8. The proposed project will aid in the enhancement and the harmonious development of the immediate area. 9. The extension of salable hours of alcoholic products does not constitute an over concentration of such uses in the area. 10. The continued establishment of a general off-sale beer & wine license will not result in an over concentration of such uses in the area, create a nuisance due to litter, noise, traffic, vandalism, or other factors, significantly disturb the peace and enjoyment of the nearby residential neighborhood, or significantly increase the demand on City services. 11. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. 12. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. Attachment #2 CONDITIONS OF APPROVAL FOR FILE NO. PLN2009-96 SITE ADDRESS: 1860 W. Campbell Ave. APPLICANT: Jonathan Ramos on behalf of Stantec Architectural Inc. OWNER: BP West Coast Products, LLC P.C. MEETING: August 25, 2009 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: 1. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning Commission approval, the applicant and property owner shall sign one (1) copy of the subject Planning Commission Resolution, incorporating the final approved set of Conditions of Approval. Until said Resolution is signed, the approved Modification to a previously approved Conditional Use Permit shall not be valid for any permits sought from the City. Acknowledged & Accepted: Project Applicant Date Property Owner Date 2. Approved Project: Approval is granted for a Modification (PLN2009-96) to a previously approved Conditional Use Permit (UP 83-07) to allow 24-hour operation, Monday through Sunday, of an existing service station and mini-market with off-sale of beer & wine on property located at 1860 W. Campbell Avenue. The project shall substantially conform to project plans dated as received by the Planning Division on July 13, 2009, and the written description dated as received by the Planning Division on August 12, 2009, except as may be restricted by the Conditions of Approval specified herein. 3. Supersession of Previous Conditions of Approval: Upon the effective date of the Resolution approving this Modification (PLN2009-96), the previously approved Conditions of Approval Attachment #2 Pale 2 of 3 (UP 83-07) shall be void and shall permanently be superseded in their entirety by the Conditions of Approval specified herein. 4. Transferability: Prior to sign off of a business license pursuant to this Modified Conditional Use Permit to a new owner(s) of the subject business, said new owner(s) shall be required to a sign the Planning Commission Resolution, incorporating the final approved set of Conditions of Approval. 5. Conditional Use Permit Approval Ex iration: The Modified Conditional Use Permit approval shall be valid in perpetuity with continued operation of the service station and mini-market. Abandonment, discontinuation, or ceasing of operations for a continuous period of twelve months shall void the Modified Conditional Use Permit approved herein. Upon vacation of the Modified Conditional Use Permit, the use shall not be reestablished. 6. Operational Restrictions: 24-hour operation of the subject service station and mini-market shall be subject to the following restrictions. Significant deviations from these restrictions, as determined by the Community Development Director, shall require approval of a Modification to the Modified Conditional Use Permit approved herein: a. Electronic Screens: Operation of existing electronic screens (video and/or audio) shall only be allowed during the hours of 7:00 AM and 10:00 PM. b. Lighting: All existing and new lighting shall conform to the City of Campbell Lighting Design Standards (CMC §21.18.090). Cut-off shields shall be installed on overhead canopy lighting fixtures as indicated on Building Permit BLD2009- 00279. c. Gasoline Deliveries: Gasoline deliveries shall be limited to 7:00 AM to 10:00 PM, daily. d. Product Deliveries: All other product deliveries shall be limited to 6:00 AM to 10:00 PM, daily. e. Pump Closure: Fueling pumps located on the westerly-most fueling island shall be closed between the hours of 10 PM to 7 AM, daily. f Noise Control: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, music, and/or public address system, generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. Property owner shall installed outdoor notices within the fueling area requesting that customers limit excessive noise. Such notices shall be made of a durable material, affixed in a permanent and secure manner, and shall be constructed and installed to the satisfaction of the Community Development Director. g. Outdoor Cleaning: All trash, normal clean up, site cleaning, and trash removal shall only be done during the hours of 6 AM to 10 PM, daily. Attaclunent #2 Page 3 of 3 h. Mechanical Equipment: Pursuant to the Campbell Municipal Code, operation of power equipment (i.e. "power-washer"), shall be limited to the hours of 8:00 AM and 7:00 PM Monday through Friday, and between the hours of 9:00 AM and 6:00 PM Saturday, Sunday and nationally recognized holidays. i. Employee Notice: Property owner shall post in a conspicuous place, visible to all store employees, a notice of all applicable time restrictions specified herein. Such notice shall be made of a durable material, affixed in a permanent and secure manner, and shall be constructed and installed to the satisfaction of the Community Development Director. 7. Revocation of Permit: In the event credible complaints are received by the City of violations of these conditions of approval or any applicable law, the Community Development Director may immediately modify the hours of operation and/or limit the extended hours of operation, subject to the project being brought back to the Planning Commission for review. Selling of Alcohol: The continued selling of alcoholic products shall be subject to the following restrictions: a. The sale of alcoholic products shall be limited to the hours permitted by the State of California. b. The applicant shall maintain in good standing the appropriate off-sale beer & wine license from the State Department of Alcoholic Beverage Control for the sale of beer & wine products. 9. 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. 10. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment, materials or business vehicles shall be parked and/or stored outside the building or within the parking lot. COUNTY FIRE DEPARTMENT 11. Fire Extin uisher: All portions of the retail building shall be within 75 feet of a fire extinguisher. The minimum size of the extinguisher shall be 2-A:10-BC. 12. Trash Enclosure: If the trash enclosure is not currently protected, provide a sprinkler head to fully cover the trash container(s), as this enclosure is within 5 ft. of the building. The sprinkler can be provided from the domestic water service, if the building does not have a sprinkler system. 13. Exit Doors: Exit doors shall be operable from the inside without the use of a key, thumb turn, or any special knowledge or effort. Manually operated edge- or surface mounted flush bolts and surface bolts shall not be used on exit doors. Attachment 3 ~'" // -.~.!'~ S~t1t~C August 4, 2009 File: 2007819001 Stantec Architecture Inc. 1137 North tulcDowell Boulevard PetalurT~a LA 94954 Tel (707) 765-1660 Fax. (707) 765-9908 City of Campbell Community Development Department 70 North First Street Campbell, CA 95008 Attention: Daniel Fama -Assistant Planner Reference: Modification of a Conditional Use Permit File No: PLN2009-96 1860 W. Campbell Avenue Dear Mr. Fama, AUG r 2 2009 CITY OF CAMPBELL PLANNING DEPT. This letter is to address additional information the City has requested in order to process the Use Permit Modification for 24 hour operations and is is provided in the categories as requested by the City as follows:) This Application has been made explicitly without waiving and releasing any and all rights and remedies it has to contend and pursue its position that there is no legal requirement for a CUP for late night or other use to allow this use to continue to operate 24 hours as it has done for the last 24 years. This reservation of these and related rights in this regard is approved and accepted by the City, and on that basis this Application and additional information is provided. Employees per Shift Currently there is an average of 2 employees per shift and that increases to 4 employees during peak hours In the morning there are typically 4 employees for merchandising restocking, cleaning and increased traffic due to coffee sales. Peak Sales Hours Peak sales hours occur twice daily, in the morning from 8:00 am to 10:00 am and then again in the afternoon from 3:30 pm to 7:30 pm. Off Peak Sales Hours Off-peak sales hours are between 11:00 pm and 6:00 am and accounts for roughly 15% of the overall sales. Beer and Wine Sales This facility sells approximately X400 per day in beer and wine. Gasoline Sales