Loading...
Mod to PLN2005-164 - 2007July 20, 2007 Ramin Dariani Dariani Enterprises 2855 S. Winchester Blvd. Campbell, CA 95008 Re: Building Permit No: BLD2007-743 2855 S. Winchester Blvd. Dear Mr. Dariani: The Planning Division has reviewed your building permit submittal for the construction of a gasoline station, mini-market, and car wash on the referenced property. The following issues need to be addressed prior to a clearance from the Planning Division for the issuance of a building permit: 1. Landscape Plan: The applicant shall submit four sets of a landscape and irrigation plan to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director. The landscape and irrigation plan shall substantially conform with the approved conceptual landscape plan and the, City's Water Efficient Landscaping Standards (WELS) and shall include the following: a. Provide a combination of screening shrubs, trees and ground cover along the driveway and the parking area. Please provide the following: ^ Both trees and shrubs in the planting area along Winchester Blvd. ^ Provide details of the container plantings indication container types as well as the plant materials. ^ Include planting details ^ Illustrate that all landscape areas will be irrigated via a sprinkler system. 70 North First Street Campbell, California 95008-1436 'rep 408.866.2140 Fax 408.871.5140 'roo 408.866.2790 Building Permit No' BLD2007-743 ~ 2855 S Winchester Blvd. Page~2 of 3 b. Provide screening shrubs and vines along the rear and side property lines. c. All shrubs shall be a minimum five gallon size plant material and all trees shall be a minimum 24 inch boxed container. 2. Signa~e: The submitted plans indicate numerous signs for this business in excess of those permitted by the sign ordinance. Please review the sign ordinance and process a sign permit application. All future signs shall be reviewed pursuant to the Campbell Sign Ordinance (Chapter 21.30). The proposed illuminated "To Go" and "Thirst Oasis" signs are not permitted. 3. Architectural details: The submitted elevations lack architectural details. Please provide details of the following: ^ The recessed panels over the entry ^ The decorative tiles at the parapet ^ The metal trellis on the north elevation. ^ The the wainscot/ stucco transition. ^ Trim and window details. ^ Entry door and glazing is lacking detail. 4. Decorative Pavement and Bollards: The applicant shall submit four sets of a site plan depicting the following: a. Upgraded decorative driveways shall be provided as depicted on the site plan. The finish for the proposed driveways shall be reviewed and approved by the Community Development Director prior to issuance of building permits. Please call out color and pattern of decorative concrete areas. b. Decorative bollards and a low screen wall shall be installed along the building frontage or adjacent to the car wash driveway that are architecturally compatible with the style and materials of the proposed building. 4. Lim: The applicant shall submit four sets of a site plan depicting the following: a. Location and detail of on-site lighting. Site lighting shall be designed to provide safe and adequate illumination, while complying with the City of Campbell's lighting design standards pursuant to CMC Section 21.16.060 (i.e. prevention of off-site light intrusion). Building Permit No• BLD2007-743 ~ 2855 S Winchester Blvd Page 3 of 3 5. Front Planting Area: Air, Water and Vacuum unit is proposed in the front planter area along the street as well as a screen wall. This facility is not approved and is not supported at this location. Additionally, the screen wall lacks any detail of wall type or height. 6. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. air conditioning units, ventilation ducts or vents), shall be added to the existing building without providing screening of the mechanical equipment from public view and surrounding properties. The screening material and method shall be architecturally compatible with the building and requires review and approval by the Community Development Director and Building Division prior to installation of such screening. 7. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. Thank you for the opportunity to review these plans. If you have any questions regarding these comments or the requested information, please do not hesitate to contact me at (408) 866-2144 or by email at timhCcity_ofcam~bell.com. Sincerel ~~ Tim J. Hale Associate Planner cc: Frank Mills, Senior Building Inspector Jackie C. Young Lind, Acting Community Development Director Barry Nathan, Architect, 4037 El Camino Way, Palo Alto, CA 94306 ;~oE•CAMn~~ V r- f A L ~KCH A0.0 CITY of CAMPBELL Community Development Department June 12, 2007 Mr. Ramin Dariani Dariani Enterprise, Inc. 2855 S. Winchester Blvd. Campbell, CA 95008 Re: Public Convenience and Necessity PLN 2007-24 ~ 2855 S. Winchester Blvd. Dear Mr. Dariani: Please be advised that the Planning Commission at its meeting of April 24, 2007, adopted Resolution No. 3803 approving a Conditional Use Permit to allow a convenience grocery store with anoff--sale beer and wine license at 2855 S. Winchester Blvd. The Planning Commission by this action found that approval of this use was a matter of public convenience and necessity. The Planning Commission has been designated as the decision making body for such applications. If you should have any questions regarding this d.ecisic~.~, ;,lease do not hesitate to contact me at (408) 866-2144. Sincerely, ~ ~ ~-~~ Tim J. Haley Associate Planner Enclosure: Planning Commission Resolution No. 3808 7o North First Street Campbell, California 9 5008-1 4 3 6 rs~ 408.866.2140 Fnx 408.871.5140 T~~ 408.866.2790 RESOLUTION NO. 3803 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2007-24) TO A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT (PLN2005-164) FOR THE REMODEL OF AN EXISTING SERVICE STATION TO ACCOMMODATE A CAR WASH, CONVENIENCE MARKET WITH BEER AND WINE LICENSE AND 24-HOUR OPERATIONAL HOURS ON PROPERTY OWNED BY DARIANI ENTERPRISES, INC., LOCATED AT 2855 S. WINCHESTER BOULEVARD IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR. RAMIN DARIANI, ON BEHALF OF DARIANI ENTERPRISES, INC. FILE NO: PLN2007-24. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2007-24. 1. The proposed convenience market, pumping stations, car wash and late night operational hours are consistent with the General Commercial General Plan land use designation and the C-2-S General Commercial Zoning District shown for the project site. 2. The proposed use will be compatible with the C-2-S (General Commercial) zoning designation with approval of a Conditional Use Permit. 3. The project site consists of a 3,060 sq ft. one story building accommodating a convenience market, car wash and a canopy over a new pumping station with five fuel dispensers. 4. The proposed site plan depicts that approximately 11 percent of the site will be landscaped where a minimum 10 percent is required. 5. The subject property is located on the southwest corner of West Sunnyoaks Avenue and South Winchester Blvd. 6. The proposed project is consistent with other commercial developments and uses in the surrounding area. 7. Exterior modifications to the building are proposed that provide an attractive commercial building. 8. The Police Department has not expressed a concern with the proposed project or operational hours. Planning Commission Resolution No. 3803 PLN2007-24 - 2855 S. Winchester Boulevard -- Modification to Use Permit Page 2 9. The hours of operation of the convenience store and gasoline station shall be 24 hours a day and gasoline delivery trucks shall be limited to the hours of 6:00 p.m. to 12:00 a.m. The operational hours of the car wash shall be limited to the hours 6:00 a.m. to 8:00 p.m. 10. The project qualifies as a Categorically Exempt project per Section 15302, Class 2 (Replacement and reconstruction of existing commercial facility) of the California Environmental Quality Act (CEQA). 11. The store qualifies as a grocery store as the owner plans to sell a sizeable assortment of fresh fruits and vegetables. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project is consistent with the General Plan. 2. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Municipal Code. 3. The establishment will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 4. The establishment will not significantly disturb the peace and enjoyment of the nearby residential neighborhood. 5. The establishment will not significantly increase the demand on City services. 6. The proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area. 7. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate. 8. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property. 9. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed Planning Commission Resolution No. 3803 PLN2007-24 - 2855 S. Winchester Boulevard -- Modification to Use Permit Page 3 use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 10. 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. 11. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. THEREFORE, BE IT RESOLVED that the Planning Commission grants a Modification (PLN2007-24) to a previously approved Conditional Use Permit (PLN2005-164) for the remodel of an existing service station to accommodate a car wash, convenience market with beer and wine license and 24-hour operational hours on property owned by Dariani Enterprises, Inc., located at 2855 S. Winchester Boulevard in a C-2-S (General 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 Approved Project: Approval is granted for a Conditional Use Permit (PLN2007-24) to allow the redevelopment of an existing service station to accommodate a 24-hour convenience market with beer and wine sale, a new pumping station/canopy and car wash on property located at 2855 S. Winchester Boulevard. The building and site design shall conform to the project exhibits listed below, except as may be modified by the conditions of approval herein: a. Revised project plans prepared for Ramin Dariani, and received by the Planning Division on April 19, 2007, including a site plan, floor plans, landscape plan, and elevations. b. Color/material board and colored elevation received by the Planning Division on April 19, 2007. 2. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be valid for two years from the date of final approval. Within this two-year period the use must be established on the property and the conditions of approval Planning Commission Resolution No. 3803 PLN2007-24 - 2855 S. Winchester Boulevard -- Modification to Use Permit Page 4 satisfied. Failure to meet this deadline will result in the Conditional Use Permit being void. 3. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission. 4. 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. 5. Signage: This application does not include an approval for signs. All future signs shall be reviewed pursuant to the Campbell Sign Ordinance (Chapter 21.30). 6. Landscape Plan: The applicant shall submit four sets of a landscape and irrigation plans to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director. The landscape and irrigation plan shall substantially conform with the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS) and shall include the following: a. Provide a combination of screening shrubs, trees and ground cover along the driveway and the parking area. b. Provide screening shrubs and vines along the rear and side property lines. c. All shrubs shall be a minimum five gallon size plant material and all trees shall be a minimum 24 inch boxed container. 7. Liquor License: Beer and wine sale for off-site consumption is only approved in conjunction with convenience market if the determination is made that the proposed market is a grocery store by the Planning Commission. 8. Decorative Pavement and Bollards: The applicant shall submit four sets of a site plan depicting the following: a. Upgraded decorative driveways shall be provided as depicted on the site plan. The finish for the proposed driveways shall be reviewed and approved by the Community Development Director prior to issuance of building permits. b. Decorative bollards and a low screen wall shall be installed along the building frontage or adjacent to the car wash driveway that are architecturally compatible with the style and materials of the proposed building. Planning Commission Resolution No. 3803 PLN2007-24 - 2855 S. Winchester Boulevard -- Modification to Use Permit Page 5 9. Li htin :The applicant shall submit four sets of a site plan depicting the following: a. Location and detail of on-site lighting. Site lighting shall be designed to provide safe and adequate illumination, while complying with the City of Campbell's lighting design standards pursuant to CMC Section 21.16.060 (i.e. prevention of off-site light intrusion). 10. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. air conditioning units, ventilation ducts or vents), shall be added to the existing building without providing screening of the mechanical equipment from public view and surrounding properties. The screening material and method shall be architecturally compatible with the building and requires review and approval by the Community Development Director and Building Division prior to installation of such screening. 11.Trash and Recycling Enclosure: The applicant shall submit details regarding the design and location of a trash and recycling enclosure(s) to the Planning Division for review and approval by the Community Development Director prior to the issuance of building permits for the project. a. Trash containers of a size and quantity necessary to serve the new buildings shall be in areas approved by the Fire Department and Community Development Director. b. Unless otherwise noted, enclosures shall consist of a concrete floor surrounded by a six-foot high solid wall with a decorative cap and have decorative doors and designed to be architectural compatible to the buildings. The enclosure shall be constructed at grade level and have a level area adjacent to the trash enclosure area to service the containers. 12.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. 13. Noise: a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from car wash equipment generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. b. Public Address System: An outdoor public address system is not permitted. c. Noise Management: In the event complaints are received by the City regarding noise, 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. Planning Commission Resolution No. 3803 PLN2007-24 - 2855 S. Winchester Boulevard -- Modification to Use Permit Page 6 14. Trash & Clean Up: Trash and clean up shall not be done in the evening or early morning hours. All trash and clean up shall be done between 6:00 a.m. and 10:00 p.m. daily. 15. Business Operational Hours: The hours of operation for the convenience market and gasoline station shall be allowed 24 hours a day. The operational hours of the car wash shall be allowed from 6 a.m. to 8 p.m. Gasoline tank deliveries shall be restricted to the hours of 6:00 p.m. to 12:00 a.m. 16. Parking and Driveways: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. 17. Utility Undergrounding: All new on-site utilities shall be installed underground pursuant to CMC Section 21.18.140. Building Division 18. Permits Required: A building permit application shall be required for the proposed demolition of the (e) service station. A separate building permit application shall be required for the proposed new commercial structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 19. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 20. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 21. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 inches by 36 inches. 22. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. Site address and parcel numbers shall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. 23. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations shall be submitted with the building permit application. This report shall be prepared by a licensed engineer specializing in soils mechanics. Planning Commission Resolution No. 3803 PLN2007-24 - 2855 S. Winchester Boulevard -- Modification to Use Permit Page 7 24.Title 24 Energy Compliance: California Title 24 Energy Compliance Standards shall be blue-lined on the construction plans. Compliance with the Standards shall be demonstrated for conditioning of the building envelope and lighting of the building. 25.Special Inspections: When a special inspection is required by U.B.C. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 26. Foundation inspections: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector upon foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report and according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the follow items: a. pad elevation b. finish floor elevation (first floor) c. foundation corner locations 27.The City of Campbell, standard Santa Clara Valley Non-Point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 28.Title 24 Accessibility -Commercial: On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities and sidewalks. 29.Title 24 Accessibility -Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 30. P.G. &E.: The applicant is advised to contact P.G. &E. as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. The applicant should also consult with P.G. &E. concerning utility easements, distribution pole locations and required conductor clearances. 31.Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District b. Santa Clara County Fire Department Planning Commission Resolution No. 3803 PLN2007-24 - 2855 S. Winchester Boulevard -- Modification to Use Permit Page 8 c. Bay Area Air Quality Management District (Demolitions Only) d. Santa Clara County Department of Environmental health e. School District: i. Campbell Union School district (378-3405) ii. Campbell Union High School District (371-0960) iii. Moreland School District (874-2900) iv. Cambrian School District (377-2103) Public Works Department: 32. Preliminary Title Report: Prior to issuance of any grading or building permits for the site, the applicant shall provide a current Preliminary Title Report. 33. Street Improvements: Prior to issuance of any grading or building permits for the site, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following: Winchester Boulevard and Sunnyoaks Avenue: a. Show location of all existing utilities within the new and existing public right of way b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. c. Removal of the existing driveway approaches, related sidewalk, curb and gutter and the handicap ramp at the corner of Winchester Boulevard and Sunnyoaks Avenue. d. Construction of ADA compliant driveway approaches, curb, gutter, and a 10-foot sidewalk along Winchester Boulevard and Sunnyoaks Avenue as necessary. e. Construction of ADA compliant ramp at the corner of Winchester Boulevard and Sunnyoaks Avenue. f. Replacement of existing underground utilities, boxes and meters as necessary. g. Installation of traffic control, stripes and signs as determined by the City Engineer. h. Installation of street trees and irrigation at 30 feet on center. 34.Occupancy: Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. Planning Commission Resolution No. 3803 PLN2007-24 - 2855 S. Winchester Boulevard -- Modification to Use Permit Page 9 35. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of-way line. 36. Underarounding Street Frontage Utilities: All overhead utility lines along the project's street frontages shall be installed or relocated underground per Section 21.18.140 of the Campbell Municipal Code. Applicant shall comply with all utility applications, plan submittals, permitting, and fee requirements of the serving utility companies. In lieu of immediate undergrounding of the public street frontage, the applicant may elect to execute an agreement to participate in an underground utility program, should the City establish such a program within the next 7 years. The owner shall post the required security of $82,500.00 with the City to ensure participation in the underground utility program. 37. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 38. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. Winchester Boulevard has been overlaid in 2001 while Sunnyoaks Avenue has not been overlaid during the last five years. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. 39. Grading & Drainage Plan: Prior to occupancy clearance, the applicant shall refurbish, remodel, and reconstruct the on-site drainage system, as necessary, to demonstrate that the facilities are functioning normally in accordance with the requirements of the City. 40. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the applicant shall pay the required Storm Drain Area fee of $2,650 per net acre, which is $1,086. 41. Stormwater Pollution Prevention Measures: The applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code Planning Commission Resolution No. 3803 PLN2007-24 - 2855 S. Winchester Boulevard -- Modification to Use Permit Page 10 regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for stormwater Quality Protection ("Start at the Source") by the Bay Area stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. a. Upon submission of the street improvement plans, the applicant shall calculate and submit to the City the amount of impervious surface created by the development. b. The applicant's designer or engineer shall submit the required certification for sizing, selection, and preliminary design of treatment BMP's for the project site to meet the requirements of the City of Campbell's NPDES permit, No. 01-119, Provision C.3. c. The applicant shall comply with the requirements of the NPDES Construction General Permit. d. The applicant shall also comply with any other or new conditions as required by the City of Campbell's most current NPDES permit. Prior to occupancy, a qualified BMP certifier is required to inspect the stormwater management facilities, submit a complete set of as-built drawings to Public Works Engineering, and certify on these drawings that: a. The stormwater management facilities were constructed in compliance with the approved plans. b. The as-built drawings show all pertinent constructed dimensions, elevations, shapes, and materials; c. All variations in construction from the approved design plan have been identified, including omissions to and additions from the approved plan; and d. Any changes are in conformance with local, state, or federal regulations. 42. Minimum BMPs for Gas Stations or Equipment Fueling Facilities: All new fueling stations or expansion of such uses shall include the following BMPs: a. Installation and maintenance of a treatment control measure. b. Paving the fueling area floors with an impermeable surface. (i.e., PCC or equivalent smooth impervious surface.) Planning Commission Resolution No. 3803 PLN2007-24 - 2855 S. Winchester Boulevard -- Modification to Use Permit Page 11 c. Cover the fueling areas with a canopy or cover that extends a minimum of ten (10) feet in each direction from each pump. Alternatively, cover the fueling areas with a canopy or cover that has minimum dimensions equal to or greater than the area within the grade break or fuel dispensing area. (The fuel dispensing area is defined as the area extending a minimum of 6.5 feet from the corner of each fuel dispenser or the length at which the hose and nozzle assembly may be operated plus a minimum of one foot, whichever is greater. In no case should the canopy or cover drain onto the fueling area.) d. Grade the fuel area with the minimum slope necessary to prevent water draining toward the fueling area. e. Grade the fuel area with the minimum slope necessary to prevent ponding. f. Separate the fueling area from the rest of the site by a grade break that prevents run-on of storm water to the maximum extent practicable. g. Dry sweep the fueling area routinely. h. Stencil all on-site storm drains in conformance with the City of Campbell's requirements. i. Prepare a spill cleanup plan in conformance with the Santa Clara County Fire Code. SANTA CLARA COUNTY FIRE DEPARTMENT 43. Required Fire Flow: The fire flow for this project is 1500 gpm at 20 psi residual pressure. The adjusted fire flow is available from area water mains and fire hydrant(s) which are spaced at the required spacing. 44. Fire Apparatus (Engine) Access Roads Required: Provide access roadways with a paved all weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 inside. Installations shall conform to Fire Department Standard Details and Specification sheet A-1. 45. Fire Lane Marking Required: Provide marking for all roadways within the project. Markings shall be per fire department specifications. Installations shall also conform to Local Government Standards and Fire Department Standard Details and Specifications A-6. 46. Parking Along Roadways: The required width of fire access roadways shall not be obstructed in any manner and, parking shall not be allowed along roadways less than 28 feet in width. Parking may be permitted along one side of roadways 28-35 feet in width. For roadways equal to or greater than 36 feet, parking will be allowed on both sides of the roadway. Roadway widths shall be measured curb face to curb face, with parking space based on an 8 foot width. Planning Commission Resolution No. 3803 PLN2007-24 - 2855 S. Winchester Boulevard -- Modification to Use Permit Page 12 47. Fuel Dispensing Devices: Any modification or new installation of fuel dispensing or appurtenant devices shall receive full plan review input by this department reflecting compliance with the 2001 California Fire Code. Consult as appropriate with Hazardous Materials Specialist Richard Baker for additional information. 48. Premises Identification: Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. PASSED AND ADOPTED this 24th day of April, 2007, by the following roll call vote: AYES: Commissioners: Alderete, Ebner, Francois, Gibbons and Rocha NOES: Commissioners: None ABSENT: Commissioners: Doorley and Roseberry ABSTAIN: Commissioners: None APPROVED: Michael Rocha, Chair ATTEST: ackie C. ung L' d, A ting Secretary of ~ Cgy~A ~' ~,~, :~ ,C u r- 1 y _ ~. °ncHAao CITY of CAMPBELL Community Development Department April 26, 2007 Mr. Ramin Dariani Dariani Enterprises, Inc. 2855 S. Winchester Boulevard Campbell, CA 95008 Re: PLN2007-24 - 2855 S. Winchester Boulevard -- Modification to Use Permit Dear Applicant: Please be advised that at its meeting of April 24, 2007, the Planning Commission adopted Resolution No. 3803 approving a Modification (PLN2007-24) to a previously approved Conditional Use Permit (PLN2005-164) for the remodel of an existing service station to accommodate a car wash, convenience market with beer and wine license and 24 hour operational hours on property owned by Dariani Enterprises on the above reference property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5 p.m. on Friday, May 4, 2007. The time within which judicial review of this action must be sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless another statute (such as California Government Code Section 65009 or some other applicable provision) sets forth a more specific time period. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Sincerely, ` ""'~~~ Tim J. Haley Associate Planner cc: Frank Mills, Building Chris Veargason, Fire Ed Arango, Public Works 7o North First Street Campbell, California 95008-1436 rep 408.866.2140 Fnx 408.871.5140 ~ T~~ 408.866.2790 RcSOLUTION NG. 38G3 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2007-24) TO A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT (PLN2005-164) FOR THE REMODEL OF AN EXISTING SERVICE STATION TO ACCOMMODATE A CAR WASH, CONVENIENCE MARKET WITH BEER AND WINE LICENSE AND 24-HOUR OPERATIONAL HOURS ON PROPERTY OWNED BY DARIANI ENTERPRISES, INC., LOCATED AT 2855 S. WINCHESTER BOULEVARD IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR. RAMIN DARIAN, ON BEHALF OF DARIANI ENTERPRISES, INC. FILE NO: PLN2007-24. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2007-24. 1. The proposed convenience market, pumping stations, car wash and late night operational hours are consistent with the General Commercial General Plan land use designation and the C-2-S General Commercial Zoning District shown for the project site. 2. The proposed use will be compatible with the C-2-S (General Commercial) zoning designation with approval of a Conditional Use Permit. 3. The project site consists of a 3,060 sq ft. one story building accommodating a convenience market, car wash and a canopy over a new pumping station with five fuel dispensers. 4. The proposed site plan depicts that approximately 11 percent of the site will be landscaped where a minimum 10 percent is required. 5. The subject property is located on the southwest corner of West Sunnyoaks Avenue and South Winchester Blvd. 6. The proposed project is consistent with other commercial developments and uses in the surrounding area. 7. Exterior modifications to the building are proposed that provide an attractive commercial building. 8. The Police Department has not expressed a concern with the proposed project or operational hours. Planning Commission Resolution No. 3803 PI_N200?-24 - 2855 S. U1~inchester Boulevard -- Modification to Use Permit Page 2 9. The hours of operation of the convenience store and gasoline station shall be 24 hours a day and gasoline delivery trucks shall be limited to the hours of 6:00 p.m. to 12:00 a.m. The operational hours of the car wash shall be limited to the hours 6:00 a.m. to 8:00 p.m. 10. The project qualifies as a Categorically Exempt project per Section 15302, Class 2 (Replacement and reconstruction of existing commercial facility) of the California Environmental Quality Act (CEQA). 11. The store qualifies as a grocery store as the owner plans to sell a sizeable assortment of fresh fruits and vegetables. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project is consistent with the General Plan. 2. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Municipal Code. 3. The establishment will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 4. The establishment will not significantly disturb the peace and enjoyment of the nearby residential neighborhood. 5. The establishment will not significantly increase the demand on City services. 6. The proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area. 7. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate. 8. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property. 9. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed Planning Commission Resolution No. 3803 PLN2007-24 - 2855 S. Winchester Boulevard -- Modification to Use Permit Page 3 use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 10. 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. 11. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. THEREFORE, BE IT RESOLVED that the Planning Commission grants a Modification (PLN2007-24) to a previously approved Conditional Use Permit (PLN2005-164) for the remodel of an existing service station to accommodate a car wash, convenience market with beer and wine license and 24-hour operational hours on property owned by Dariani Enterprises, Inc., located at 2855 S. Winchester Boulevard in a C-2-S (General 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 1. Approved Project: Approval is granted for a Conditional Use Permit (PLN2007-24) to allow the redevelopment of an existing service station to accommodate a 24-hour convenience market with beer and wine sale, a new pumping station/canopy and car wash on property located at 2855 S. Winchester Boulevard. The building and site design shall conform to the project exhibits listed below, except as may be modified by the conditions of approval herein: a. Revised project plans prepared for Ramin Dariani, and received by the Planning Division on April 19, 2007, including a site plan, floor plans, landscape plan, and elevations. b. Color/material board and colored elevation received by the Planning Division on April 19, 2007. 2. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be valid for two years from the date of final approval. Within this two-year period the use must be established on the property and the conditions of approval Planning Commission Resolution No. 3803 PLN2007-24 - 2$55 S. Vl/inchester Boulevard -- Modification to Use Permit Page 4 satisfied. Failure to meet this deadline will result in the Conditional Use Permit being void. 3. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission. 4. 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. 5. Signage: This application does not include an approval for signs. Alt future signs shall be reviewed pursuant to the Campbell Sign Ordinance (Chapter 21.30). 6. Landscape Plan: The applicant shall submit four sets of a landscape and irrigation plans to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director. The landscape and irrigation plan shall substantially conform with the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS) and shall include the following: a. Provide a combination of screening shrubs, trees and ground cover along the driveway and the parking area. b. Provide screening shrubs and vines along the rear and side property lines. c. All shrubs shall be a minimum five gallon size plant material and all trees shall be a minimum 24 inch boxed container. 7. Liquor License: Beer and wine sale for off-site consumption is only approved in conjunction with convenience market if the determination is made that the proposed market is a grocery store by the Planning Commission. 8. Decorative Pavement and Bollards: The applicant shall submit four sets of a site plan depicting the following: a. Upgraded decorative driveways shall be provided as depicted on the site plan. The finish for the proposed driveways shall be reviewed and approved by the Community Development Director prior to issuance of building permits. b. Decorative bollards and a low screen wall shall be installed along the building frontage or adjacent to the car wash driveway that are architecturally compatible with the style and materials of the proposed building. Planning Commission Resolution No. 3803 PLN2007_?d _ 288 ~, 1/1/jn~ha~tar Bo:.lle~~ard -- ~.~IOdiflCatlon t0 I Ige PeCrnit Page 5 9. Lighting: The applicant shall submit four sets of a site plan depicting the following: a. Location and detail of on-site lighting. Site lighting shall be designed to provide safe and adequate illumination, while complying with the City of Campbell's lighting design standards pursuant to CMC Section 21.16.060 (i.e. prevention of off-site light intrusion). 10. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. air conditioning units, ventilation ducts or vents), shall be added to the existing building without providing screening of the mechanical equipment from public view and surrounding properties. The screening material and method shall be architecturally compatible with the building and requires review and approval by the Community Development Director and Building Division prior to installation of such screening. 11. Trash and Recycling Enclosure: The applicant shall submit details regarding the design and location of a trash and recycling enclosure(s) to the Planning Division for review and approval by the Community Development Director prior to the issuance of building permits for the project. a. Trash containers of a size and quantity necessary to serve the new buildings shall be in areas approved by the Fire Department and Community Development Director. b. Unless otherwise noted, enclosures shall consist of a concrete floor surrounded by a six-foot high solid wall with a decorative cap and have decorative doors and designed to be architectural compatible to the buildings. The enclosure shall be constructed at grade level and have a level area adjacent to the trash enclosure area to service the containers. 12.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. 13. Noise: a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from car wash equipment generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. b. Public Address System: An outdoor public address system is not permitted. c. Noise Management: In the event complaints are received by the City regarding noise, 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. Planning Commission Resolution No. 3803 PLN2007-24 - 2855 S, UVincheste.r Boulevarci -- Modification to Use Permit Page 6 14. Trash & Clean Up: Trash and clean up shall not be done in the evening or early morning hours. All trash and clean up shall be done between 6:00 a.m. and 10:00 p.m. daily. 15. Business Operational Hours: The hours of operation for the convenience market and gasoline station shall be allowed 24 hours a day. The operational hours of the car wash shall be allowed from 6 a.m. to 8 p.m. Gasoline tank deliveries shall be restricted to the hours of 6:00 p.m. to 12:00 a.m. 16. Parking and Driveways: All parking and driveway areas shall be maintained in compliance with the standards i.n Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. 17. Utility Undergrounding: All new on-site utilities shall be installed underground pursuant to CMC Section 21.18.140. Building Division 18. Permits Required: A building permit application shall be required for the proposed demolition of the (e) service station. A separate building permit application shall be required for the proposed new commercial structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 19. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 20. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 21. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 inches by 36 inches. 22. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. Site address and parcel numbers shall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. 23. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations shall be submitted with the building permit application. This report shall be prepared by a licensed engineer specializing in soils mechanics. Piannina commission Resolution No. 3803 PLN2007-24 - 2855 S. Winchester Boulevard -- Modification to Use Permit Page 7 24. Title 24 Energy Compliance: California Title 24 Energy Compliance Standards shall be blue-lined on the construction plans. Compliance with the Standards shall be demonstrated for conditioning of the building envelope and lighting of the building. 25.Special Inspections: When a special inspection is required by U.B.C. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 26. Foundation inspections: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector upon foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report and according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the follow items: a. pad elevation b. finish floor elevation (first floor) c. foundation corner locations 27.The City of Campbell, standard Santa Clara Valley Non-Point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 28. Title 24 Accessibility -Commercial: On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities and sidewalks. 29. Title 24 Accessibility -Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 30. P.G. &E.: The applicant is advised to contact P.G. &E. as early as possible in the approva[ process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. The applicant should also consult with P.G. &E. concerning utility easements, distribution pole locations and required conductor clearances. 31.Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District b. Santa Clara County Fire Department Planning Commission Resolution No. 3803 PI N2007-24 - 2855 S. ~/l~inchester Boulevard -- Modification? tc Use Fermit Page 8 c. Bay Area Air Quality Management District (Demolitions Only) d. Santa Clara County Department of Environmental health e. School District: i. Campbell Union School district (378-3405) ii. Campbell Union High School District (371-0960) iii. Moreland School District (874-2900) iv. Cambrian School District (377-2103) Public Works Department: 32. Preliminary Title Report: Prior to issuance of any grading or building permits for the site, the applicant shall provide a current Preliminary Title Report. 33. Street Improvements: Prior to issuance of any grading or building permits for the site, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following: Winchester Boulevard and Sunnyoaks Avenue: a. Show location of all existing utilities within the new and existing public right of way b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. c. Removal of the existing driveway approaches, related sidewalk, curb and gutter and the handicap ramp at the corner of Winchester Boulevard and Sunnyoaks Avenue. d. Construction of ADA compliant driveway approaches, curb, gutter, and a 10-foot sidewalk along Winchester Boulevard and Sunnyoaks Avenue as necessary. e. Construction of ADA compliant ramp at the corner of Winchester Boulevard and Sunnyoaks Avenue. f. Replacement of existing underground utilities, boxes and meters as necessary. g. Installation of traffic control, stripes and signs as determined by the City Engineer. h. Installation of street trees and irrigation at 30 feet on center. 34.Occupancy: Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. Planning Commission Resolution No. 3803 PLN2007-24 - 2855 S. Winchester Boulevard -- Modification to Use Permit Page 9 35. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of-way line. 36. Undergrounding Street Frontage Utilities: All overhead utility lines along the project's street frontages shall be installed or relocated underground per Section 21.18.140 of the Campbell Municipal Code. Applicant shall comply with all utility applications, plan submittals, permitting, and fee requirements of the serving utility companies. In lieu of immediate undergrounding of the public street frontage, the applicant may elect to execute an agreement to participate in an underground utility program, should the City establish such a program within the next 7 years. The owner shall post the required security of $82,500.00 with the City to ensure participation in the underground utility program. 37. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 38. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. Winchester Boulevard has been overlaid in 2001 while Sunnyoaks Avenue has not been overlaid during the last five years. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. 39. Grading & Drainage Plan: Prior to occupancy clearance, the applicant shall refurbish, remodel, and reconstruct the on-site drainage system, as necessary, to demonstrate that the facilities are functioning normally in accordance with the requirements of the City. 40. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the applicant shall pay the required Storm Drain Area fee of $2,650 per net acre, which is $1,086. 41. Stormwater Pollution Prevention Measures: The applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code Planning Commission Resolution No. 3803 PLN2007-24 - 2855 S. Winchester Boulevard -- Modification to Use Permit Page 10 regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for stormwater Quality Protection ("Start at the Source") by the Bay Area stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. a. Upon submission of the street improvement plans, the applicant shall calculate and submit to the City the amount of impervious surface created by the development. b. The applicant's designer or engineer shall submit the required certification for sizing, selection, and preliminary design of treatment BMP's for the project site to meet the requirements of the City of Campbell's NPDES permit, No. 01-119, Provision C.3. c. The applicant shall comply with the requirements of the NPDES Construction General Permit. d. The applicant shall also comply with any other or new conditions as required by the City of Campbell's most current NPDES permit. Prior to occupancy, a qualified BMP certifier is required to inspect the stormwater management facilities, submit a complete set of as-built drawings to Public Works Engineering, and certify on these drawings that: a. The stormwater management facilities were constructed in compliance with the approved plans. b. The as-built drawings show all pertinent constructed dimensions, elevations, shapes, and materials; c. All variations in construction from the approved design plan have been identified, including omissions to and additions from the approved plan; and d. Any changes are in conformance with local, state, or federal regulations. 42. Minimum BMPs for Gas Stations or Equipment Fueling Facilities: All new fueling stations or expansion of such uses shall include the following BMPs: a. Installation and maintenance of a treatment control measure. b. Paving the fueling area floors with an impermeable surface. (i.e., PCC or equivalent smooth impervious surface.) Planning Commission Resolution No. 3803 PLN2007-24 - 2855 S. Winchester Boulevard -- Modification to Use Permit Page 11 c. Cover the fueling areas with a canopy or cover that extends a minimum of ten (10) feet in each direction from each pump. Alternatively, cover the fueling areas with a canopy or cover that has minimum dimensions equal to or greater than the area within the grade break or fuel dispensing area. (The fuel dispensing area is defined as the area extending a minimum of 6.5 feet from the corner of each fuel dispenser or the length at which the hose and nozzle assembly may be operated plus a minimum of one foot, whichever is greater. In no case should the canopy or cover drain onto the fueling area.) d. Grade the fuel area with the minimum slope necessary to prevent water draining toward the fueling area. e. Grade the fuel area with the minimum slope necessary to prevent ponding. f. Separate the fueling area from the rest of the site by a grade break that prevents run-on of storm water to the maximum extent practicable. g. Dry sweep the fueling area routinely. h. Stencil all on-site storm drains in conformance with the City of Campbell's requirements. i. Prepare a spill cleanup plan in conformance with the Santa Clara County Fire Code. SANTA CLARA COUNTY FIRE DEPARTMENT 43. Required Fire Flow: The fire flow for this project is 1500 gpm at 20 psi residual pressure. The adjusted fire flow is available from area water mains and fire hydrant(s) which are spaced at the required spacing. 44. Fire Apparatus (Engine) Access Roads Required: Provide access roadways with a paved all weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 inside. Installations shall conform to Fire Department Standard Details and Specification sheet A-1. 45. Fire Lane Marking Required: Provide marking for all roadways within the project. Markings shall be per fire department specifications. Installations shall also conform to Local Government Standards and Fire Department Standard Details and Specifications A-6. 46. Parking Along Roadways: The required width of fire access roadways shall not be obstructed in any manner and, parking shall not be allowed along roadways less than 28 feet in width. Parking may be permitted along one side of roadways 28-35 feet in width. For roadways equal to or greater than 36 feet, parking will be allowed on both sides of the roadway. Roadway widths shall be measured curb face to curb face, with parking space based on an 8 foot width. Planning Commission Resolution No. 3803 PLN2007-24 - 2855 S. Winchester Boulevard -- Modification to Use Permit Page 12 47. Fuel Dispensing Devices: Any modification or new installation of fuel dispensing or appurtenant devices shall receive full plan review input by this department reflecting compliance with the 2001 California Fire Code. Consult as appropriate with Hazardous Materials Specialist Richard Baker for additional information. 48. Premises Identification: Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. PASSED AND ADOPTED this 24~' day of April, 2007, by the following roll call vote: AYES: Commissioners: Alderete, Ebner, Francois, Gibbons and Rocha NOES: Commissioners: None ABSENT: Commissioners: Doorley and Roseberry ABSTAIN: Commissioners: None APPROVED: Michael Rocha, Chair ATTEST: ackie C. ung d, A ting Secretary ITEM NO. 1 oF'~AM U . nor' 0 o CITY OF CAMPBELL • PLANNING COMMISSION f ~~ Staff Report • Apri124, 2007 •~NCH A0.• Public Hearing to consider the application of Mr. Ramin Dariani, on behalf PLN2007-24 of Dariani Enterprises, Inc., for a Modification (PLN2007-24) to a Dariani, R. previously-approved Conditional Use Permit (PLN2005-164) for the remodel of an existing service station to accommodate a car wash, convenience store with beer and wine license and 24-hour operational hours on property owned by Dariani Enterprises, Inc., located at 2855 S. Winchester Boulevard in an C-2-S (General Commercial) Zoning District. STAFF RECOMMENDATION That the Planning Commission takes the following actions: 1. Adopt a Resolution, incorporating the attached findings, approving a Conditional Use Permit (PLN2007-24) to allow the redevelopment of an existing service station to accommodate a 24-hour convenience store without beer and wine sales, a new pumping station and car wash, subject to the attached conditions of approval, or 2. Adopt a Resolution, incorporating the attached findings, approving a Conditional Use Permit (PLN2007-24) to allow the redevelopment of an existing service station to accommodate a 24-hour convenience grocery store with beer and wine sales, a new pumping station and car wash, subject to the attached conditions of approval. ENVIRONMENTAL DETERMINATION Staff recommends that the Planning Commission find that this project is Categorically Exempt under Section 15302, Class 2 of the California Environmental Quality Act (CEQA), pertaining to replacement and reconstruction of commercial structures. PROJECT DATA Gross Lot Area: .98 acres 42,975 square feet Net Lot Area: .40 acres 17,680 square feet Site Utilization: Building Coverage: Paving Coverage: Landscaping Coverage: Floor Area Ratio (FAR): 3,060 sq. ft. 17% 12,789 sq. ft. 72.4% 1,869 sq. ft. 10.6% .17 FAR .40 FAR maximum unless exception is granted by the Planning Commission. Staff Report -Planning Comr~~ission Meeting of Apri124, 2007 PLN2007-24 - 2855 S. Winchester Blvd -Use Permit Page 2 Building: First Floor 960 sq. ft. car wash 2,100 sQ. ft. retail store 3,060 sq ft. Canopy Island: 5 Fueling Pumps Required Parking: Parking Demand/tJse Parking Spaces 1 space for each 200 sq. ft. of retail building area 10.5 2 space for each drive aisle for car wash 2 12.5 Parking Provided: 10 parking spaces for retail 10 2 spaces in self-service car wash lane 2 12 The property is surrounded by the following uses: North: Mini-storage facility South: Auto related commercial uses West: Convenience store - 7/11 East: South Winchester Blvd. Operational hours: Open 24 hours a day DISCUSSION Back rg ound: The Planning Commission on March 28, 2006, approved the applicant's request for a Conditional Use Permit to allow the remodel of the existing gasoline service station. The proposed remodel accommodated atwo-story mini-market building, new service island with four pump dispensers, a car wash and astorage/office area over the convenience store. The two service bays of the existing service station were proposed to be removed. Applicant's Proposal: The applicant is requesting approval of a Modification to the previous Conditional Use Permit to allow changes to the previous redevelopment proposal. The proposed development will accommodate cone-story convenience market with a beer and wine license, new pumping stations with five fuel dispensers, a car wash and 24 operational hours. Proiect Location: The subject property is located on the southwest corner of West Sunnyoaks Avenue and South Winchester Blvd. The site is currently improved with a gasoline service station that accommodates two service bay, office and pumping islands. Staff Report -Planning Commission Meeting of Apri124, 2007 PLN2007-24 - 2855 S. Winchester Blvd -Use Permit Page 3 ANALYSIS General Plan Designation: The General Plan land use designation for the project site is General Commercial. The proposed use is consistent with this land use designation and the following General Plan strategies Strategy LUT-5.3h: Parking and Circulation: Provide adequate parking and encourage circulation patterns to serve commercial districts so as to discourage commercial traffic into adjacent residential zones. Strategy LUT-9.3d: Building Design: Design buildings to revitalize streets and public spaces by orienting the building to the street, including human scale details and massing that engages the pedestrian. Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high quality building materials on all buildings to ensure the long-term quality of the built environment. Strategy LUT- 10.2a: Streetscape Standards: Implement Streetscape Standards with landscaped boulevard treatment on arterial streets, and implement the installation of street trees per the Standard Street Improvements. Zoning Desi ation: The zoning designation for the project site is C-2-S (General Commercial). A convenience market, gasoline station, late night hours (after 11 p.m.) and beer and wine sales and car wash require a Conditional Use Permit in the C-2-S (General Commercial) Zoning District. Architecture: The applicant is proposing the construction of a new, one-story convenience market, pumping stations and car wash. The convenience market and car wash would be stucco with varied rooflines (hipped roof over the entrance and cornices at the flat roof sections). Additional details include: a the wainscot, the accents and trellises. The exterior colors would include a cream and light tan body with a tan the wainscot. The pitched roof would be terra cotta tiles over the entrance. Setbacks: The applicant is proposing a zero setback at the rear of the building similar to the existing service station building. The adjacent 7/11 store is also built along this property line. Pursuant to Campbell Zoning Code Section 21.10.050, the Planning Commission may grant a reduction or approve a structure to be placed on the rear property line and may designate that additional landscaping and setback requirements be provided at the front of the parcel. Staff recommends the Planning Commission approve the requested modification of the rear setback. Late Night Activities: The applicant is requesting approval to operate this facility 24-hours a day. Uses after 11 p.m. or before 6:00 a.m. require a Conditional Use Permit. After considering the surrounding commercial uses and the location of this business on an arterial street, staff is supportive of the requested operational hours. Staff Report -Planning Commission Meeting of April 24, 2007 PLN2007-24 - 2855 S. Winchester Blvd -Use Permit Page 4 Car Wash Operation: The applicant is proposing the installation of a car wash operation that is a self serve automatic facility in a single lane to the rear of the convenience market. This serve lane accommodates three parking spaces in the drive thru lane prior to the car wash service. Staff is recommending a Condition of Approval limiting the operational hours of the car wash from 6 a.m. to 8 p.m. (Condition 15), and a Condition of Approval regarding potential noise concerns (Conditionl3). Gasoline Deliveries: Staff recommends that fuel delivery trucks be restricted to late evening hours in order to eliminate any potential traffic impact at this intersection. Staff has recommended a Condition of Approval that restricts delivery hours to 6:00 p.m. to 12:00 a.m. (Condition 15). Liquor License: The applicant is requesting approval to allow alcohol sales (beer and wine) in conjunction with the convenience store. Section 21.36.110 of the Campbell Municipal Code requires that all off-site alcoholic establishments, except grocery stores shall be a minimum of 500 feet from another such use, either within or outside the City. There is one business within the 500 foot limit (the adjacent 7-11 convenience store), which also provides off-site alcohol sales. The applicant has requested that his convenience store be considered a grocery store and exempt from this concentration limitation. Staff does not find that the proposed convenience store meets the definition of grocery store as provided in the Zoning Ordinance. "Grocery stores" is defined by the CMC as an establishment which sells staple food items (e.g., coffee, sugar, flour, etc.) and usually meats and other foods (e.g., fruits, vegetables, dairy products, etc.) and household supplies (e.g., soap, matches, paper napkins, etc.); a minor portion of the food sold maybe processed on site (e.g., deli or bakery services). Food stores specializing in a single type of these items (e.g., candy stores, produce only shops, coffee and tea shops, etc.) are not classified as grocery stores. "Convenience market/stores" is defined by the CMC as an establishment that includes the retail sale of food, beverages, and small personal convenience items, primarily for off-premises consumption and typically found in establishments with long or late hours of operation and in a relatively small building; but excluding delicatessens and other specialty food shops and also excluding establishments which have a sizeable assortment of fresh fruits and vegetables and fresh-cur meat. These stores can be part of a service station or an independent facility. If the Planning Commission finds that the convenience store meets the definition of a grocery store than the location standard does not apply. Police Department Review: The Campbell Police Department has reviewed the application and has no objections to the proposed allowance of beer and wine sales in conjunction with the convenience market. Landscaping: Section 21.26.020.B, Landscaping Requirements for C-2-S zoning District requires a minimum of 10 percent of the site to be landscaped and a minimum 10-foot planter strip along the street property lines. A minimum 5-foot planting strip is shown and 11 percent of the site is Staff Report -Planning Commission Meeting of Apri124, 2007 PLN2007-24 - 2855 S. Winchester Blvd -Use Permit Page 5 landscaped. Given the proposed building layout and required on-site circulation, landscaping opportunities have been maximized. The site plan indicates a substantial increase in the amount of on-site landscaping. A Condition of Approval requires the submittal of a detailed landscape and irrigation plans for the review and approval of the Community Development Director (Condition 6). Site and Architectural Review Committee: The Site and Architectural Review Committee reviewed this application at its meeting of April 10, 2007. The Committee was supportive of the project with the following changes or additions: 1. Reduction in retail building area to approximately 2,100 square feet so that provided parking is consistent with the parking standard of 1 parking space for each 200 square feet of retail area. [Revised plans submitted and attached.] 2. Provision of revised elevations of the canopy structure that complement the architectural style of the proposed car wash and convenience store. Both columns and canopy shall incorporate architectural materials of the main building. [Revised plans submitted and attached. ] 3. Illustration of decorative bollards around the building and provision of a low screen wall at the carwash entry aisle (Condition 8). 4. Provision of a detailed landscaping plan indicating plant types and sizes (Condition 6). 5. Review of signs (Condition 5) and lighting (Condition 9). These items have been addressed in the Conditions of Approval. Attachments: 1. Findings for Approval of File No. PLN2007-24 2. Conditions of Approval for File No. PLN2007-24 3. Project Description 4. Project Plans dated April 19, 2007 5. Color Elevations dated April 19, 2007 6. Location Map Prepared by: ' ~~ ~ ~~/ Tim J. Haley, Associate Planner Approved by: Jackie C. Young Lind, Acting Community Development Director Attachment # 1 FINDINGS FOR APPROVAL OF FILE NO. PLN2007-24 SITE ADDRESS: 2855 S. Winchester Blvd. APPLICANT: Ramin Dariani P.C. MEETING: Apri124, 2007 Findings for approval of a Conditional Use to allow the redevelopment of an existing service station to accommodate a 24-hour market with beer and wine sales, a new pumping station, and car wash on property located at 2855 S. Winchester Blvd. The Planning Commission finds as follows with regard to file numbers PLN2007-24: 1. The proposed convenience market, pumping stations, car wash and late night operational hours are consistent with the General Commercial General Plan land use designation and the C-2-S General Commercial Zoning District shown for the project site. 2. The proposed use will be compatible with the C-2-S (General Commercial) zoning designation with approval of a Conditional Use Permit. 3. The project site consists of a 3,060 sq ft. one story building accommodating a convenience market, car wash and a canopy over a new pumping station with five fuel dispensers. 4. The proposed site plan depicts that approximately 11 percent of the site will be landscaped where a minimum 10 percent is required. 5. The subject property is located on the southwest corner of West Sunnyoaks Avenue and South Winchester Blvd. 6. The proposed project is consistent with other commercial developments and uses in the surrounding area. 7. Exterior modifications to the building are proposed that provide an attractive commercial building. 8. The Police Department has not expressed a concern with the proposed project or operational hours. 9. The hours of operation of the convenience store and gasoline station shall be 24 hours a day and gasoline delivery trucks shall be limited to the hours of 6:00 p.m. to 12:00 a.m. The operational hours of the car wash shall be limited to the hours 6:00 a.m. to 8:00 p.m. 10. The project qualifies as a Categorically Exempt project per Section 15302, Class 2 (Replacement and reconstruction of existing commercial facility) of the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: Attachment #1 Page 2 of 2 1. The proposed project is consistent with the General Plan. 2. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Municipal Code. 3. The establishment will result in an over concentration of liquor establishments in the surrounding area in that the adjacent 7/11 convenience store sales beer and wine. 4. The establishment will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 5. The establishment will not significantly disturb the peace and enjoyment of the nearby residential neighborhood. 6. The establishment will not significantly increase the demand on City services. 7. The proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area. 8. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate. 9. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property. 10. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. 11. 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. 12. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. Attachment #2 CONDITIONS OF APPROVAL FOR FILE NO. PLN2007-24 SITE ADDRESS: 2855 S. Winchester Blvd. APPLICANT: Ramin Dariani P.C. MEETING: April 24, 2007 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. Approved Project: Approval is granted for a Conditional Use Permit (PLN2007-24) to allow the redevelopment of an existing service station to accommodate a 24-hour convenience market with beer and wine sale, a new pumping station/canopy and car wash on property located at 2855 S. Winchester Blvd. The building and site design shall conform to the project exhibits listed below, except as maybe modified by the conditions of approval herein: a. Revised project plans prepared for Ramin Dariani ,and received by the Planning Division on April 19, 2007, including a site plan, floor plans, landscape plan, and elevations. b. Color/material board and colored elevation received by the Planning Division on April 19, 2007. 2. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be valid for two years from the date of final approval. Within this two-year period the use must be established on the property and the conditions of approval satisfied. Failure to meet this deadline will result in the Conditional Use Permit being void. 3. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission. 4. 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. 5. Si rgriage: This application does not include an approval for signs. All future signs shall be reviewed pursuant to the Campbell Sign Ordinance (Chapter 21.30). Attachment #2 Page 2 of 9 6. Landscape Plan: The applicant shall submit four sets of a landscape and irrigation plans to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director. The landscape and irrigation plan shall substantially conform with the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS) and shall include the following: a. Provide a combination of screening shrubs, trees and ground cover along the driveway and the parking area. b. Provide screening shrubs and vines along the rear and side property lines. c. All shrubs shall be a minimum five gallon size plant material and all trees shall be a minimum 24 inch boxed container. 7. Liquor License: Beer and wine sale for off-site consumption is only approved in conjunction with convenience market if the determination is made that the proposed market is a grocery store by the Planning Commission. 8. Decorative Pavement and Bollards: The applicant shall submit four sets of a site plan depicting the following: a. Upgraded decorative driveways shall be provided as depicted on the site plan. The finish for the proposed driveways shall be reviewed and approved by the Community Development Director prior to issuance of building permits. b. Decorative bollards and a low screen wall shall be installed along the building frontage or adjacent to the car wash driveway that are architecturally compatible with the style and materials of the proposed building. 9. Li htin :The applicant shall submit four sets of a site plan depicting the following: a. Location and detail of on-site lighting. Site lighting shall be designed to provide safe and adequate illumination, while complying with the City of Campbell's lighting design standards pursuant to CMC Section 21.16.060 (i.e. prevention of off-site light intrusion). 10. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. air conditioning units, ventilation ducts or vents), shall be added to the existing building without providing screening of the mechanical equipment from public view and surrounding properties. The screening material and method shall be architecturally compatible with the building and requires review and approval by the Community Development Director and Building Division prior to installation of such screening. 11. Trash and Recycling Enclosure: The applicant shall submit details regarding the design and location of a trash and recycling enclosure(s) to the Planning Division for review and approval by the Community Development Director prior to the issuance of building permits for the project. a. Trash containers of a size and quantity necessary to serve the new buildings shall be in areas approved by the Fire Department and Community Development Director. Attachment #2 Page 3 of 9 b. Unless otherwise noted, enclosures shall consist of a concrete floor surrounded by a six- foot high solid wall with a decorative cap and have decorative doors and designed to be architectural compatible to the buildings. The enclosure shall be constructed at grade level and have a level area adjacent to the trash enclosure area to service the containers. 12. 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. 13. Noise: a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from car wash equipment generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. b. Public Address S.. sue: An outdoor public address system is not permitted. Noise Mana eg_ ment: In the event complaints are received by the City regarding noise, 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. 14. Trash & Clean Un: Trash and clean up shall not be done in the evening or early morning hours. All trash and clean up shall be done between 6:00 a.m. and 10:00 p.m. daily. 15. Business Operational Hours: The hours of operation for the convenience market and gasoline station shall be allowed 24 hours a day. The operational hours of the car wash shall be allowed from 6 a.m. to 8 p.m. Gasoline tank deliveries shall be restricted to the hours of 6:00 p.m. to 12:00 a.m. 16. Parking and Driveway: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. 17. Utility Undergrounding: All new on-site utilities shall be installed underground pursuant to CMC Section 21.18.140. Building Division 18. Permits Required: A building permit application shall be required for the proposed demolition of the (e) service station. A separate building permit application shall be required for the proposed new commercial structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 19. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 20. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. Attachment #2 Page 4 of 9 21. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 inches by 36 inches. 22. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. Site address and parcel numbers shall also be clearly called out. Site parking and path of travel to public sidewalks shall be detailed. 23. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations shall be submitted with the building permit application. This report shall be prepared by a licensed engineer specializing in soils mechanics. 24. Title 24 Energy Compliance: California Title 24 Energy Compliance Standards shall be blue- lined on the construction plans. Compliance with the Standards shall be demonstrated for conditioning of the building envelope and lighting of the building. 25. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 26. Foundation inspections: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector upon foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report and according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the follow items: a. pad elevation b. finish floor elevation (first floor) c. foundation corner locations 27. The City of Campbell, standard Santa Clara Valley Non-Point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 28. Title 24 Accessibility -Commercial: On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities and sidewalks. 29. Title 24 Accessibility -Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell " 20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 30. P.G.&E.: The applicant is advised to contact P.G.&E. as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. The applicant should also Attachment #2 Page 5 of 9 consult with P.G.&E. concerning utility easements, distribution pole locations and required conductor clearances. 31. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District b. Santa Clara County Fire Department c. Bay Area Air Quality Management District (Demolitions Only) d. Santa Clara County Department of Environmental health e. School District: i. Campbell Union School district (378-3405) ii. Campbell Union High School District (371-0960) iii. Moreland School District (874-2900) iv. Cambrian School District (377-2103) Public Works Department: 32. Preliminary Title Report: Prior to issuance of any grading or building permits for the site, the applicant shall provide a current Preliminary Title Report. 33. Street Improvements: Prior to issuance of any grading or building permits for the site, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following: Winchester Boulevard and Sunnyoaks Avenue: a. Show location of all existing utilities within the new and existing public right of way b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. c. Removal of the existing driveway approaches, related sidewalk, curb and gutter and the handicap ramp at the corner of Winchester Boulevard and Sunnyoaks Avenue. d. Construction of ADA compliant driveway approaches, curb, gutter, and a 10-foot sidewalk along Winchester Boulevard and Sunnyoaks Avenue as necessary. e. Construction of ADA compliant ramp at the corner of Winchester Boulevard and Sunnyoaks Avenue. f. Replacement of existing underground utilities, boxes and meters as necessary. g. Installation of traffic control, stripes and signs as determined by the City Engineer. h. Installation of street trees and irrigation at 30 feet on center. AttarhmPnt ~f7 Page 6 of 9 i. Construction of conforms to existing public and private improvements, as necessary 34. Occupancy Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. 35. Water Meter(s) and Sewer Cleanout~): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of- way line. 36. Undergrounding Street Frontage Utilities: All overhead utility lines along the project's street frontages shall be installed or relocated underground per Section 21.18.140 of the Campbell Municipal Code. Applicant shall comply with all utility applications, plan submittals, permitting, and fee requirements of the serving utility companies. In lieu of immediate undergrounding of the public street frontage, the applicant may elect to execute an agreement to participate in an underground utility program, should the City establish such a program within the next 7 years. The owner shall post the required security of $82,500.00 with the City to ensure participation in the underground utility program. 37. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 38. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. Winchester Boulevard has been overlaid in 2001 while Sunnyoaks Avenue has not been overlaid during the last five years. The pavement restoration plan shall indicate how the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. 39. Grading & Drainage Plan: Prior to occupancy clearance, the applicant shall refurbish, remodel, and reconstruct the on-site drainage system, as necessary, to demonstrate that the facilities are functioning normally in accordance with the requirements of the City. 40. Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the applicant shall pay the required Storm Drain Area fee of $2,650 per net acre, which is $1,086. 41. Stormwater Pollution Prevention Measures: The applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater Attachment #2 Page 7 of 9 pollution prevention. The primary objectives are to improve the quality and reduce the quantity of Stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. a. Upon submission of the street improvement plans, the applicant shall calculate and submit to the City the amount of impervious surface created by the development. b. The applicant's designer or engineer shall submit the required certification for sizing, selection, and preliminary design of treatment BMP's for the project site to meet the requirements of the City of Campbell's NPDES permit, No. 01-119, Provision C.3. c. The applicant shall comply with the requirements of the NPDES Construction General Permit. d. The applicant shall also comply with any other or new conditions as required by the City of Campbell's most current NPDES permit. Prior to occupancy, a qualified BMP certifier is required to inspect the Stormwater management facilities, submit a complete set of as-built drawings to Public Works Engineering, and certify on these drawings that: a. The Stormwater management facilities were constructed in compliance with the approved plans. b. The as-built drawings show all pertinent constructed dimensions, elevations, shapes, and materials; c. All variations in construction from the approved design plan have been identified, including omissions to and additions from the approved plan; and d. Any changes are in conformance with local, state, or federal regulations. Prior to occupancy, the applicant shall sign the "Covenants for the Operation and Maintenance of Stormwater Facilities". 42. Minimum BMPs for Gas Stations or Equipment Fueling Facilities: All new fueling stations or expansion of such uses shall include the following BMPs: a. Installation and maintenance of a treatment control measure. b. Paving the fueling area floors with an impermeable surface. (i.e., PCC or equivalent smooth impervious surface.) c. Cover the fueling areas with a canopy or cover that extends a minimum often (10) feet in each direction from each pump. Alternatively, cover the fueling areas Attachment #2 Page 8 of 9 with a canopy or cover that has minimum dimensions equal to or greater than the area within the grade break or fuel dispensing area. (The fuel dispensing area is defined as the area extending a minimum of 6.5 feet from the corner of each fuel dispenser or the length at which the hose and nozzle assembly may be operated plus a minimum of one foot, whichever is greater. In no case should the canopy or cover drain onto the fueling area.) d. Grade the fuel area with the minimum slope necessary to prevent water draining toward the fueling area. e. Grade the fuel area with the minimum slope necessary to prevent ponding. f. Separate the fueling area from the rest of the site by a grade break that prevents run-on of storm water to the maximum extent practicable. g. Dry sweep the fueling area routinely. h. Stencil all on-site storm drains in conformance with the City of Campbell's requirements. i. Prepare a spill cleanup plan in conformance with the Santa Clara County Fire Code. SANTA CLARA COUNTY FIRE DEPARTMENT 43. Required Fire Flow: The fire flow for this project is 1500 gpm at 20 psi residual pressure. The adjusted fire flow is available from area water mains and fire hydrant(s) which are spaced at the required spacing. 44. Fire Apparatus (Engine) Access Roads Required: Provide access roadways with a paved all weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 inside. Installations shall conform with Fire Department Standard Details and Specification sheet A-l. 45. Fire Lane Marking Required: Provide marking for all roadways within the project. Markings shall be per fire department specifications. Installations shall also conform to Local Government Standards and Fire Department Standard Details and Specifications A-6. 46. Parking Along Roadway: The required width of fire access roadways shall not be obstructed in any manner and, parking shall not be allowed along roadways less than 28 feet in width. Parking maybe permitted along one side of roadways 28-35 feet in width. For roadways equal to or greater than 36 feet, parking will be allowed on both sides of the roadway. Roadway widths shall be measured curb face to curb face, with parking space based on an 8 foot width. 47. Fuel Dispensing Devices: Any modification or new installation of fuel dispensing or appurtenant devices shall receive full plan review input by this department reflecting compliance with the 2001 California Fire Code. Consult as appropriate with Hazardous Materials Specialist Richard Baker for additional information. Attachment #2 Page 9 of 9 48. Premises Identification: Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. tl lt.Cll~~hxt }('Q REQUEST FOR MODIFICATION OF APPROVED PERMIT On March 28, 2006, the Planning Commission approved a project submitted by Dariani Enterprises Inc. for improvements at 2855 Winchester Boulevard. The project as approved includes the construction of a two-story, 3,553-square foot building to accommodate amini-market, new service island, a car wash and storage/office area on the subject property. Permit number PLN2004-164 was issued for the project. Dariani Enterprises requests approval from the Commission to modify the project as follows: (1) change the size of the new building; (2) approve the operation of a mini- market grocery store for the project. We also request the Commission's permission to submit an application for the offsite sale of beer and wine. Twelve months of direct operating experience since the project was approved by the Commission have given us a better understanding of the station's customers and we have revised the business plan for the station to take advantage of the new opportunities we have identified to better serve our market area. Rather than the two-story, 3,553 square foot building that has been approved for the site, we propose to construct a single story structure that will accommodate approximately 2,100 square feet of retail and storage/office area and a 900-square foot carwash facility. The new building has a slightly different architectural style and footprint than structure previously approved by the Commission. The revised architectural style is more compatible with the better examples of similar types of traditional buildings along Winchester Boulevard. It is intended to be an improvement over the original two-story design by creating a stronger visual dynamic, while remaining economically viable. The revised building footprint is an expression of the shape of the site, with the wider portion of the convenience store located at the wider portion of the site, creating a more natural and efficient relationship with the pump locations and improving traffic patterns. The single story and smaller building size will also reduce construction costs and make it easier to operate and complete financing for the project. The station is permitted as a 24-hour operation, but has been operating only from 6 a.m. to midnight. There are currently three employee shifts, with one employee per shift. After construction is completed, we plan to again operate on a 24-hour basis and to increase staffing levels to two employees for the morning and evening shifts. We plan to sell convenience items such as snack foods, soda and cigarettes to carwash and gasoline customers in the retail area of the building, as already approved by the Commission. We have received consistent inquiries and requests from nearby residents who purchase gas at the station that we also stock items such as milk, juice, ice cream, bread, cereal, vegetables, fruit, spices, condiments, and other staple items. The 7-11 on Sunny oaks sells some of these items, but it has apre-defined inventory set by the franchisor and is not always able to stock local items and brands that neighborhood customers would prefer. We believe there is a market niche for a small grocery store with an inventory focused on the needs and preferences of local consumers. While the station attracts commuters using Winchester Boulevard, a large percentage of customers are from the surrounding neighborhood. These customers have indicated that they would appreciate the convenience of being able to shop for grocery items when they stop to fill up with gas. We would like to serve these neighborhood customers because they are an excellent source of repeat business and will create a strong customer base for the station. We also request approval from the Commission to submit an application to the California Department of Alcoholic Beverage Control for offsite sale of beer and wine. We believe the convenience of being able to buy beer and wine will be attractive to both commuter and neighborhood customers and will increase customer traffic for the gas station as well as for the retail operation. Sincerely, Dariani Enterprises Inc.