Use Permit with Site Review - Expired - 2014ITEM NO. 1
Staff Report. • October 9, 2012
PLN2011-172 Public Hearing to consider the application of Mr. David Elliott for a
Elliott, D. Conditional Use Permit with Site and Architectural Review (PLN2011-172)
to allow an addition and-conversion of an existing-vehicle service station into
a convenience market with late night activity and beer and wine sales for off-
. site consumption on property located at 337 E. Hamilton Avenue, owned by
Hamilton Associates FLP, in the C-2 (General Commercial) zone district.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
1. Adopt a Resolution, incorporating the attached findings, approving a Conditional Use
Permit with Site and Architectural Review (PLN2011-272) to allow a 1,326 square foot
addition and conversion of a 1,635 square foot existing vehicle service station into a
convenience market and existing gasoline pump island with late night activity and beer and
wine sales, subject to the attached Conditions of Approval.
ENVIRONMENTAL DETERMINATION
Staff recommends that the Planning Commission find that this project is Categorically Exempt
under 15301 Class 1(e) of the California Environmental Quality Act (CEQA) pertaining to
additions less than 10,000 square feet to an existing structure in an area where all public services
and facilities are available.
PROJECT DATA
Zoning Designation:
General Plan Designation
Gross Lot Area:
Net Lot Area:
Proposed Site Utilization:
Building Coverage:
Paving Coverage:
Landscaping Coverage:
Building Square Footage:
Floor Area Ratio (FAR):
Building Height:
Parking Provided:
Required
Proposed
C-2 (General Commercial)
General Commercial
85 acres (37,330 square feet)
43 acres (18,903 square feet ~ after land dedication)
3,971 square feet (21 %)
12,022 square feet (64%)
2,910 square feet (15%) (not including publicright-of--way)
2,981 square feet
.16 .40 maximum allowed
22 feet, 6 inches 75 ft. maximum allowed
12 spaces (1 space for every 250 sq. ft. of gross floor area)
12 spaces
Staff Report -Planning commission Meeting of October 9, 2012 Pg. 2
PLN2011-272 ~ 337 E. Hamilton Avenue
Hours of Operation:
Open to the Public: 24 hours, Monday through Saturday
Total Business Operations: 24 hours, Monday through Saturday
DISCUSSION
Project Location: The project site consists of two parcels and is located on the northwest corner
of E. Hamilton Avenue and N. Central Avenue (reference Attachment 3, Location Map). The site
is developed with a one story vehicle service station and a pump island with canopy. The site is
bordered by a convalescent center to the north, commercial uses to the west (restaurant) and east
(liquor store), and multiple tenant office and commercial uses to the south.
Back rg ound: The project site was originally approved in 1967 with a 1,635 square foot one-story
service station and two gasoline pump islands covered by a 1,010 square foot canopy. The site is
currently operated as a Union 76 station and provides full-service automotive repair and smog
testing services. The current operation is limited to the citywide business operating hours of 6:00
AM to 11:00 PM due to the fact that the 1967 approval did not specify allowable hours of
operation. No late night hours have been granted for this site.
Project Summary: The project plans and written narrative (reference Attachments 4 & 5) depict
construction of a 1,326 square-foot addition to the existing 1,635 square-foot gasoline service
station. The plans include a major interior remodel of the service station eliminating the existing
automotive repair facilities and establishing a 24-hour convenience market with beer and wine
sales. In addition to beer and wine sales, the proposed convenience market would also stock
tobacco products, fresh and pre-packaged food stuffs, fountain drinks, dairy products, and other
traditional items found in a corner market. Although the applicant has stated a desire to enter into
contract to operate the convenience market as a 7-Eleven, no formal agreement has been reached.
Both alcohol sales and light night operating hours require a Conditional Use Permit.
ANALYSIS
General Plan Consistency: The General Plan land use designation for the project site is General
Commercial. Although automotive repair and service station uses were previously determined to
be desirable for the property on Hamilton Avenue, current General Plan policies now discourage
these uses along major commercial corridors. In effect, the General Plan now encourages retail
and service oriented development along major commercial corridors. As such, the proposed
addition to allow the establishment of a convenience market could be found consistent with the
General Plan in that it would provide a convenient commercial amenity near residential
neighborhoods, pursuant to the following General Plan Land Use Policies and Strategies:
Policy LUT-5.3: Variety of Commercial and Office Uses: Maintain a variety of attractive and convenient
commercial and office uses that provide needed goods, services and entertainment.
Strategy LUT-5.3k: Auto Services: Restrict auto related uses to minor auto services (e.g, oil changers and auto
parts stores) on major streets that define Campbell's image.
Strategy LUT-5.4a: Auto-Repair: Amend the Zoning Ordinance to restrict auto-repair uses to industrial areas, not
including Research and Development.
Strategy LUT-1301b: Business Retention and Attraction: Develop programs to retain and attract businesses that
meet the shopping and service needs of Campbell residents.
Staff Report -Planning commission Meeting of October 9, 2012 Pg. 3
PLN2011-272 ~ 337 E. Hamilton Avenue
Alternatively, the Planning Commission could find that the retention of the existing automotive
service is more desirable as the continuation of the use would maintain a convenient service use
along a high traffic commercial corridor.
Zoning ConsistencX: The project site is located within the C-2 (General Commercial) zoning
district. Within this zoning district, a convenience market with 24-hour operations requires the
approval of a Conditional Use Permit. Additionally, although this zoning district does not
specifically list the retail sale of beer and wine products as a conditional use, Section 21.36.110
(Liquor Stores) of the Municipal Code specifies that "off-site alcoholic sales establishments shall
be allowed by conditional use permit." Therefore, prior to City clearance of a Type 20 (beer &
wine) license, a Conditional Use Permit is required, subject to the provisions of Section
21.36.110, as discussed on pages 6 and 7 of this report.
Building Design: The addition and exterior modification to the existing service station will provide
for an improved building aesthetic where existing block walls would be refaced with cement plaster.
Additional facade improvements include substantial storefront glazing to provide natural lighting, a
new roof cornice cap, and a new storefront facade projection (reference Attachment 4, Sheet A3.2).
Additional details include a the wainscot and entry columns. Exterior colors would include a
cream and light tan body with an earth tone the wainscot and accent. Overall height of the
expanded one-story structure is 22 feet, 6 inches to the top of the facade projection with the
remaining flat roof structure at 14 feet from grade.
Staff worked with the applicant to bring forward an aesthetically pleasing building design
consistent with the General Plan discouragement of standardized corporate architecture.
However, upon its review, the SARC found that the exterior colors mimicked the Union 76
corporate color scheme. In response, the applicant has provided a revised colored elevation
providing a new color palette focusing on earth tones that complement rather than duplicate the
corporate colors found on most Union 76 and 7-Eleven buildings (reference Attaclunent 6,
Color Elevation). In order to ensure that the exterior colors do not mimic the corporate color
scheme of either the gasoline or convenience market corporations, a condition of approval has
been added to require an actual exterior color paint sample with the name and number of the
paint color be submitted for review and approval by the Community Development Director prior
to application of the paint (reference Attaclunent 2, Condition of Approval #17).
Site Layout: The existing gasoline service station is located on the rear half of the parcel adjacent
to the corner of E. Hamilton Avenue and N. Central Avenue. Two-way vehicular access to both
the pump islands and reconfigured three easternmost parking spaces is through a new two-way
driveway approach located approximately in the center of the Central Avenue street frontage that
replaces two existing driveway approaches to be removed. The two existing two-way driveway
approaches along Hamilton Avenue would remain and provide access to both the existing fuel
pump island and the westernmost parking area. The existing parking has been reconfigured in
order to provide additional perimeter landscaping and new parking spaces with a minimum
dimension of 81/z-foot by 18-foot "uni-stall" parking spaces (2-foot bumper overhang found in
the western parking area), except for the required disabled access space at 9 feet by 19 feet.
The proposed addition expands the western portion of the structure over an existing property
line. As such, the applicant has been made aware that a lot consolidation would be required. In
addition to the lot consolidation, the applicant is aware that in order to construct the proposed
Staff Report -Planning ~;ommission Meeting of October 9, 2012 Pg. 4
PLN2011-272 ~ 337 E. Hamilton Avenue
improvements, existing public utility easements associated with both of the subject parcels
would need to be vacated by the associated providers (reference Attachment 4, Project Plans).
The applicant is also proposing the removal of the existing trash enclosure from the northwest
corner of the property and propane storage tank away from the street frontage to comply with
both the on-site landscaping and setback requirements while eliminating undesirable equipment
visible from the street. Although the project plans show the new location of the propane storage
tank, the design of the new trash enclosure is not provided. The Zoning Code requires that all
new trash enclosures be constructed with solid masonry walls and gates at a height of at least six
feet. Additional requirements include a roof, a wastewater drain, and fire sprinklers. Therefore, a
condition of approval has been included to require that the trash enclosure design be
architecturally compatible, in color and exterior materials, with the proposed convenience market
design (reference Attachment 2, Condition of Approval #10).
Parkin: The Municipal Code requires that gasoline stations provide parking at a rate of one
space per 250 square feet for the convenience market component, in addition to the spaces
necessary for the fueling pumps. Therefore, the proposed 2,981 square foot convenience market
requires 12 parking spaces. The location of these stalls will be surrounded by landscaping,
adjacent to the west property line. During the SARC review the eastern parking area was
evaluated to determine efficiency of use and safe site circulation. The SARC believed that the
orientation of the proposed parking (with the disabled space perpendicular to the building and the
remaining two spaces parallel to N. Central Avenue) created a potential conflict within the area.
As such, the SARC recommended revising the eastern parking area by orienting all parking
perpendicular to the building. Due to a similar conflict along the western parking area, the SARC
recommended that parking stalls 8 & 9, as shown on the site plan, be restricted as employee
parking only. The applicant has revised the plans accordingly (reference Attachment 4, Sheet
A1.2). With the revisions, the proposed parking appears to be situated in a manner that allows
ease of access to the convenience market, while limiting any impact on site circulation.
Late Ni t Operations/Noise: The applicant is requesting approval for 24-hour operation of the
existing gasoline station and proposed convenience market. Currently the business operates
between 6:00 AM and 11:00 PM daily. A review of the adjacent uses found that a convalescent
center is in operation immediately north of the project. Due to the potential land use conflicts,
staff evaluated the potential impact of 24-hour operations with regards to this use. The
convalescent center includes limited outdoor activity area, adjacent to the rear of the proposed
market, and is separated from the project site by an existing masonry wall. limiting potential
noise impacts. Other uses adjacent to the project site are traditional commercial establishments
(restaurant and liquor store) or professional offices that would not be impacted by a 24-hour
market and service station. Indeed, the project may even be a benefit to early morning
commuters and employees within the area.
Alternatively, a review of existing uses within proximity of the subject property shows that along
the north side of Hamilton, between Winchester Boulevard and Almarida Drive, there are no
existing businesses with 24-hour operations. In effect, the approval of this use would have the
potential to introduce new impacts previously not experienced by the surrounding neighborhood.
These impacts include late night and early morning deliveries, noise from depositing trash, both
by employees and customers, noise from vehicles including stereos, loud engines and tire
Staff Report -Planning Commission Meeting of October 9, 2012 Pg. 5
PLN2011-272 ~ 337 E. Hamilton Avenue
squealing upon exiting the site, customer conversations, loitering in and around the project site,
plus the standard operational noise from a business open overnight.
Although the proposed use would be the first with 24-hour operations within the area, the project
site abuts one of only three identified Class 1 Arterials within the jurisdiction. Per the General
Plan Land Use and Transportation Element, Class 1 Arterials are medium- to high-speed
multiple lane streets that primarily function to serve through traffic for inter-city and intra-city
trips. As such, uses that provide support to vehicular travel (e.g. gasoline stations, convenience
markets, fast food or drive-through restaurants) may be found desirable along heavy traffic
corridors. As a major transit corridor within the City within proximity of a major proximity of a
major highway, approval of a service station and convenience market with late night operations
maybe supportable.
Notwithstanding the above, 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 resolve the matter with the business owner/operator,
the Community Development Director may immediately modify the hours of operation, subject
to the project being brought back to the Planning Commission for review (reference Attachment
2, Condition of Approval #6b).
Trash & Clean Up Activity: In order to limit any potential impact from business related outdoor
activities, a Condition of Approval has been included to restrict outdoor employee active during
the hours of 10:00 PM to 6:00 AM. During the hours of 10:00 PM and 6:00 AM employee
activity outside the main building including cleaning activities and the dumping of refuse or
recyclables shall be prohibited (reference Attachment 2, Condition of Approval #6g).
Li tin :Although the project plans do not show any additional site lighting outside of the
existing parking lot poles located around the perimeter of both parcels, previous experience with
after hours convenience markets have shown the need for path of travel lighting from the parking
area to the main entrance. This is typically accomplished by parking lot and building mounted
light fixtures. As such, staff believes that there will be additional lighting proposed along the
perimeter of the building. The proposed lighting is subject to the City's Lighting Design
Standards (CMC 21.18.090). The most pertinent standards include a requirement for lighting
fixtures to be shielded and for light rays not to emit across property lines.
In order to ensure compliance with the City's lighting standards, a photometric study was
completed for the proposed lighting (reference Attachment 7, Photometric Study). Although
requested by the SARC, the applicant did not submit a photometric study showing existing
conditions. In order to provide a comparison regarding the existing site lighting and the
proposed, staff photographed the site at 9:25 PM (reference Attachment 8, Nighttime Site
Photograph). As seen, the existing canopy and parking lot lighting provides substantial
illumination on site with limited spill over onto the adjacent properties. The photometric study
shows that the proposed addition and lighting also should not adversely impact the adjacent uses.
Although staff is confident that there would not be a significant impact on the adjacent
properties, there is still a concern that building and parking lot lighting will negatively impact the
convalescent center to the north. In order to mitigate any potential lighting impact on the
adjacent property to the north, a condition of approval has been added to prohibit building
mounted lighting along the southern and eastern elevations and only bollard style pedestrian
Staff Report -Planning commission Meeting of October 9, 2012 Pg. 6
PLN2011-272 ~ 337 E. Hamilton Avenue
lighting is to be used within these areas to address pedestrian safety. In addition to restricting the
type of lighting fixtures, if during construction the existing or newly installed lighting is found
by planning staff to impact the adjacent properties, revisions to the on-site lighting will be
required prior to building permit final (reference Attaclunent 2, Condition of Approval #16).
Alcohol Sales: As previously noted, Campbell Municipal Code 21.36.110 (Liquor Stores)
requires approval of a Conditional Use Permit for all "off-site alcoholic sales establishments". In
addition, this section provides two locational parameters for alcoholic sales establishments
(excluding grocery stores): (1) they shall be separated from a park, playground, or school a
minimum distance of 300 feet and (2) they shall be a minimum of 500 feet from another such use
(excluding grocery stores). The intent of these provisions is to restrict the establishment of liquor
stores, defined as uses "primaYily devoted to the selling of alcoholic beverages." For this reasons,
grocery stores are exempted from these locational restrictions. Although a business that sells
alcohol still requires a Conditional Use Permit, staff believes that akin to grocery stores, the
incidental nature of the sale of beer and wine products within the proposed convenience market
exempts this use from the aforementioned locational restrictions applied to alcohol sales.
Nonetheless, staff prepared an overconcentration analysis, which found that there are only five
uses that have onsite consumption (restaurant) and only two uses that have alcohol for off-site
consumption (retail sales) within a 1/4 mile of the site (reference Attachment 9, Map of Alcohol
Sales by Type). The two retail alcohol sales uses are located at the northeast corner (liquor store)
and southeast corner (gasoline station). The approval of this use would introduce a third alcohol
serving use on three of the four corners of the intersection. It may be found that having these
establishments in proximity to each other is preferable as compared to spreading them out along
Hamilton Avenue. In so doing, the approval of beer and wine sales at this location would not
result in an overconcentration. Alternatively, if the Planning Commission believes that the corner
is currently over saturated with alcohol sales, it may find that this use adds to the existing
overconcentration and condition the proposed use to either prohibit alcohol sales altogether or
limit the hours alcohol could be sold.
However, CMC 21.36.110(E) allows the Planning Commission to impose additional conditions
as required to protect the public health, safety, and general welfare. To ensure that this Use
Permit is not utilized in the future by a business intending to principally sell alcoholic products,
staff has included a condition of approval limiting the selling of alcoholic products to no more
than 10% of the gross floor area (reference Attachment 2, Condition of Approval #5).
Additionally, as the request includes 24-hour operations where alcohol could be potentially sold
anytime between 6:00 AM to 2:00 AM, staff requested comment from the Police Department. A
review of the last 12-months of police activity involving existing businesses at the intersection of
Hamilton Avenue and Central, specifically focusing on the existing gas station with beer and wine
sales and the existing liquor store found that out of 28 calls for service none were related directly to
alcohol sales. An indirect relationship due to retail sales may be observed based on multiple theft
complaints where it is unknown if alcoholic items were taken. Additionally, there were four daytime
disturbance calls (between the hours of 8:00 AM and 6:00 PM) at the existing gasoline station
(Rotten Robbie's) that currently sells beer and wine, but it is unknown if the disturbance calls were
related to the sale of alcohol.
Staff Report -Planning ommission Meeting of October 9, 2012 ~ Pg. 7
PLN2011-272 ~ 337 E. Hamilton Avenue
Even though current police activity in the area is minimal, historically, the City has seen an
increase in police calls for service when alcohol sales extend into the late night hours.
Historically, there is an` increase in calls for service associated with businesses with late night
alcohol sales (sales after 11:00 PM), other that traditional grocery stores. Issues associated with
late night alcohol sales include public drunkenness, loitering, disturbing the peace, verbal and
physical altercations, etc. Therefore, the Planning Commission may find that late night alcohol
sales are detrimental to the health, safety, and general welfare of the public, in addition to being a
drain on emergency services. As such, staff has recommended, with support from the police
department, a condition of approval restricting beer and wine sales to 6:00 AM to 11:00 PM
which would allow for this use to establish without adding to the number of late night alcohol
establishments (reference Attachment 6, Condition of Approvals 5 & 6a).
Landscaping: The landscaping requirements for the C-2 (General Commercial) zoning district
provides for a minimum of 10 percent of the total site to be landscaped with a minimum of 5-foot
of landscaping along the interior side property line, 10-feet of landscaping along the rear
property line, and 10-feet along the street property lines. The applicant is providing 15 percent
landscaping on site while retaining all existing trees. As such the project complies with the total
site landscaping requirement. However, due to the required land dedication along Hamilton
Avenue, the project does not incorporate the required 10-foot landscape strip. The applicant has
expressed a concern that the installation of a 10-foot landscape strip along Hamilton Avenue
would severely impact vehicular circulation adjacent to the pump island, where vehicles should
be afforded an opportunity to pass by the southern portion when a vehicle is refueling. As a
result, staff and the applicant proposed the installation of turf block within the area to allow
minimal vehicle travel along the Hamilton Avenue frontage when the pump island is fully
occupied. During its review, however, the SARC felt that turf block may not hold up to the rigors
of the amount of potential vehicle actually traversing the area and recommended either
eliminating the the private landscaping requirement along Hamilton Avenue or require the
installation of traditional landscaping and eliminating the ability for vehicles pass along the
southern portion of the existing pump island. The applicant has provided revised plans that
eliminates the turf block within the Hamilton Avenue driveway approaches but retain the
remaining turf block within the ten foot private landscape strip in order to provide adequate on-
site vehicle circulation (reference Attachment 4, Sheet A1.2). The Planning Commission may
modify the landscaping requirement pursuant to CMC 21.26.050 (Adjustments to Landscape
Requirements), when circumstances warrant an adjustment.
Public Improvements: As a condition of development, the applicant will be required to comply
with the City's Streetscape Standards for Hamilton Avenue. This will require the dedication of
right-of--way to accommodate the installation of a 10-foot landscape strip and a 7-foot sidewalk
within the public right of way. Although the private landscaping component of the Streetscape
standard would be modified due site circulation issues, no deviation from the public right-of--way
standard is necessary (reference Attaclunent 4, Sheet A1.2).
Si riage: Although the project plans and color elevation depict signage, it is for reference only.
The applicant is aware that all signage will be required to comply with the City's sign regulations
under a separate permit. No signage is approved as part of this development application.
Staff Report -Planning c.;ommission Meeting of October 9, 2012 Pg. 8
PLN2011-272 ~ 337 E. Hamilton Avenue
Site and Architectural Review Committee: The Site and Architectural Review Committee
(SARC) reviewed this application at its meeting of September 25, 2012. The SARC
recommended that the following revisions to the plans be made:
^ Revise the exterior building colors to eliminate the corporate colors.
^ Re-orient the parking located to the east of the structure and designate parking stalls 8 and 9
as staff/employee parking.
^ Relocate Vapor Recovery System Venting Equipment to the rear of the structure to allow for
a revision in parking along the Central Avenue frontage.
^ Remove turf block within the driveway approaches along Hamilton Avenue.
The SARC's recommendations have either been incorporated into the revised project plans or
included as recommended conditions of approval.
Attachments:
1. Findings for Approval of File No. PLN2011-272
2. Conditions of Approval for File No. PLN2011-272
3. Location Map
4. Project Plans
5. Written Description
6. Color Elevation
7. Proposed Photometric Study
8. Nighttime Site Photograph
9. Map of Alcohol Sales by Type
Prepared by:
Approved by:
Stev~rpsser, A~SSOCiate Planner
Paul Kermo~an Interim Community Development Director