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Mod to UP - 2008of ' ~AM~, v~• ~ ~~ .,_.~. '' % n ~^ c` •~R CH AR~• CITY of CAMPBELL Community Development Department April 28, 2008 Mr. Ramin Dariani Dariani Enterprises 2855 S. Winchester Boulevard Campbell, CA 95008 Re: PLN2008-54 - 2855 S. Winchester Boulevard -Modification to Use Permit Dear Applicant: Please be advised that at its meeting of April 22, 2008, the Planning Commission adopted Resolution No. 3879 granting a Modification to a previously approved Conditional Use Permit for the remodel of an existing service station to accommodate a grocery store on the above-referenced property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5 p.m. on Friday, May 2, 2008. 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. Sincere) Tim J. Haley Senior Planner Cc Jackie C. Young Lind, Acting Community Development Director Ed Arango, Associate Engineer Frank Mills, Building Division Chris Veargason, Fire 70 North First Street Campbell, California 95008-1436 ~ TES 408.866.2140 Fax 408.871.5140 TDU 408.866.790 RESOLUTION NO. 3879 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL GRANTING A MODIFICATION (PLN2008-54) TO A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT (PLN2005-164) FOR THE REMODEL OF AN EXISTING SERVICE STATION TO ACCOMMODATE A GROCERY STORE WITHIN AN EXISTING BUILDING AND WITH THE ELIMINATION OF THE PREVIOUSLY APPROVED CAR WASH AND NEW SERVICE ISLANDS 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.: PLN2008-54. 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 PLN2008-54. 1. The proposed convenience grocery store 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 1,617 sq ft. one story building accommodating a convenience market and an existing canopy over a pumping station with four fuel dispensers. 4. The proposed site plan depicts that approximately 7 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 a more attractive commercial building and eliminates the auto service bays of the prior use. 8. The Police Department has not expressed a concern with the proposed project or operational hours. Planning Commission Resolution No. 3879 PLN2008-54 - 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. 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: 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 result in an over concentration of liquor establishments in the surrounding area in that the proposed grocery store is exempt from the concentration requirements. 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. Planning Commission Resolution No. 3879 PLN2008-54 - 2855 S. Winchester Boulevard -Modification to Use Permit Page 3 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. THEREFORE, BE IT RESOLVED that the Planning Commission grants a Modification (PLN2008-54) to a previously approved Conditional Use Permit (PLN2005-164) for the remodel of an existing service station to accommodate a grocery store within an existing building and with the elimination of the previously approved car wash and new service islands 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 (PLN2008-54) to allow the redevelopment of an existing service station building of 1,617 sq. ft. to accommodate a 24-hour convenience market with beer and wine sale 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 1, 2008, including a site plan, floor plans, landscape plan, and elevations. b. Colored elevation received by the Planning Division on April 1, 2008. c. Modified landscaping plan distributed on April 22, 2008. 2. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be valid for one year from the date of final approval. Within this one 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. Planning Commission Resolution No. 3879 PLN2008-54 - 2855 S. Winchester Boulevard -Modification to Use Permit Page 4 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. The applicant shall comply with Alcohol Beverage Control restrictions regarding the sale of beer/wine. Alcohol sales shall be prohibited between midnight and 6 a.m. 8. Li htin :The applicant shall submit four sets of a site plan depicting the following: a. Location and detail of any new 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). 9. 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. 10. 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. Planning Commission Resolution No. 3879 PLN2008-54 - 2855 S. Winchester Boulevard -Modification to Use Permit Page 5 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. 11.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. 12. Noise: a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from mechanical 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. 13. 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. 14. Business Operational Hours: The hours of operation for the convenience market and gasoline station shall be allowed 24 hours a day. Gasoline tank deliveries shall be restricted to the hours of 6:00 p.m. to 11:00 a.m. In the event these conditions of approval are not met, 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. 15. 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. 16. Utility Undergrounding: All new on-site utilities shall be installed underground pursuant to CMC Section 21.18.140. Building Division 17. 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. Planning Commission Resolution No. 3879 PLN2008-54 - 2855 S. Winchester Boulevard -Modification to Use Permit Page 6 18. 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. 19. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 20. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 inches by 36 inches. 21. 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. 22. 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. 23. 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. 24.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. 25. 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 26.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. Planning Commission Resolution No. 3879 PLN2008-54 - 2855 S. Winchester Boulevard -Modification to Use Permit Page 7 27. Title 24 Accessibilitv -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. 28.Title 24 Accessibilitv -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. 29. 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. 30.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: 31. Preliminary Title Report: Prior to issuance of any grading or building permits for the site, the applicant shall provide a current Preliminary Title Report. 32. 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: 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 approach, related sidewalk, curb and gutter at Sunnyoaks Avenue. d. Construction of curb, gutter and a 10-foot sidewalk along Sunnyoaks Avenue as necessary to replace the driveway approach that will be removed in Item C. Planning Commission Resolution No. 3879 PLN2008-54 - 2855 S. Winchester Boulevard -Modification to Use Permit Page 8 e. Replacement of existing underground utilities, boxes and meters as necessary. f. Installation of traffic control, stripes and signs as determined by the City Engineer. g. Installation of street trees and irrigation at 30 feet on center. h. Construction of conforms to existing public and private improvements, as necessary. 33.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. 34. 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. 35. 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. SANTA CLARA COUNTY FIRE DEPARTMENT 36. 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. 37. 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-1. 38. 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. Planning Commission Resolution No. 3879 PLN2008-54 - 2855 S. Winchester Boulevard -Modification to Use Permit Page 9 39. 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. 40. 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. 41. 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 22"d day of April, 2008, by the following roll call vote: AYES: Commissioners: Ebner, Gibbons and Roseberry NOES: Commissioners: Gairaud ABSENT: Commissioners: Alderete, Doorley and Rocha ABSTAIN: Commissioners: None APPROVED: Bob Roseberry, Chair ATTEST: Jackie C. Young Lind, Acting Secretary