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PC Res 4222RESOLUTION NO. 4222 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2014-330) TO A PREVIOUSLY-APPROVED CONDITIONAL USE PERMIT (PLN2008-54) TO ALLOW INSTALLATION OF A HYDROGEN FUEL DISPENSING FACILITY WITHIN AN EXISTING 24-HOUR GASOLINE STATION AND CONVENIENCE MARKET WITH APPROVED BEER AND WINE SALES, ON PROPERTY LOCATED AT 2855 S. WINCHESTER BOULEVARD. FILE NO: PLN2014-330 After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to file number PLN2014-330: 1. The project site is zoned C-2 (General Commercial) on the City of Campbell Zoning Map. 2. The project site is designated General Commercial on the City of Campbell General Plan Land Use Map. 3. The project site is located at the southwest corner of Sunnyoaks Avenue and Winchester Boulevard. 4. The project site is developed with a gasoline station and convenience market, known as the Sunny Oaks Valero Gas & Deli, consisting of eight (8) gasoline pumps and a 1,675 square-foot convenience market. 5. The gasoline station and convenience market currently operates pursuant to a Modified Conditional Use Permit (PLN2008-54) approved by Planning Commission Resolution No. 3879, which allows for 24-hour operation and the off-site sale of beer and wine. 6. The proposed project is an application for a Modification (PLN2014-330) to the existing Conditional Use Permit (PLN2008-54) to allow installation of a hydrogen fuel dispensing facility within the existing Valero service station. The project would include an above ground hydrogen tank, compressor, and associated mechanical equipment contained within a walled enclosure, an equipment cabinet, and asingle-vehicle fuel dispenser. 7. The proposed hydrogen fuel dispensing facility use is considered a part of the existing "gasoline station" use, as defined by the Campbell Municipal Code: "Gasoline stations" means a retail business selling gasoline or other motor vehicle fuels, which may also provide very limited motor vehicle repair and maintenance that are incidental to fuel services. Does not include the storage or repair of wrecked or abandoned vehicles, vehicle painting, body or fender work, or the rental of vehicle storage or parking spaces. Includes alternative fuels and recharging facilities which are commercial facilities offering motor vehicle fuels not customarily offered by commercial refueling stations (e.g., LPG) as well as equipment to recharge electric powered vehicles. Planning Commission Resolution No. 4222 2855 S. Winchester Blvd. - Approving a Modification to a Conditional Use Permit Page 2 of 3 8. A "gasoline station" is a conditionally permitted use within the C-2 (General Commercial Zoning District). The proposed hydrogen fuel dispensing facility, therefore, may be allowed subject to a Modification to the project site's Conditional Use Permit. 9. The State of California is supporting the development of a hydrogen network through administration of a grant program (Energy Commission's Alternative and Renewable Fuel and Vehicle Technology Program). The intent is facilitate the creation of a hydrogen fueling facilities statewide that will be available as hydrogen powered vehicles are released by the major automobile manufactures in the coming year. California's zero-emission vehicle goal is to get 1.5 million hydrogen, battery electric, and plug-in electric vehicles on the roadway by 2025. 10. The Campbell General Plan encourages local support of Federal, State, and local legislation to reduce motor vehicle emissions, noise, and fuel consumption in the region, pursuant to Policy LUT-1.2c. Policy LUT-1.2c: Regional Vehicle Emissions, Noise and Fuel Consumption Reduction: Support Federal, State, and local legislation to reduce motor vehicle emissions, noise, and fuel consumption in the region. 11. The proposed project site has been reviewed and approved by the Santa Clara County Fire District Hazardous Materials Division. 12. Due to the current state of hydrogen fueling technology, and nominal scale of the proposed facility, no traffic, parking, or circulation issues are anticipated. 13. The project will not have an impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. 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 Campbell Municipal Code; 2. The proposed use is consistent with the General Plan; 3. 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; 4. 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; 5. 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; and 6. 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 Planning Commission Resolution No. 4222 2855 S. Winchester Blvd. - Approving a Modification to a Conditional Use Permit Page 3 of 3 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. 7. The project is Categorically Exempt under Section 15301 (Class 1) and Section 15034 (Class 4) of the California Environmental Quality Act (CEQA), pertaining to projects involving negligible or no expansion of use, and those consisting of construction and location of a limited number of new small facilities, receptively. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Modification (PLN2014-330) to apreviously-approved Conditional Use Permit (PLN2008-54) to allow installation of a hydrogen fuel dispensing facility within an existing 24-hour gasoline station and convenience market with approved beer and wine sales, on property located at 2855 S. Winchester Boulevard, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 14th day of July, 2015, by the following roll call vote: AYES: Commissioners: Finch, Kendall, Bonhagen, and Young NOES: Commissioners: None ABSENT: Commissioners Reynolds, Dodd, and Rich ABSTAIN: Commissioners: None ~' `~ y~ ,, APPROVED: !' ~-- `~ Pamela Finch, Chair ATTEST: - ~~ Paul Ker yan, Secretary EXHIBIT A CONDITIONS OF APPROVAL Modification (PLN2014-330) to a Previously Approved Conditional Use Permit 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 Modification (PLN2014-330) to a previously- approved Conditional Use Permit (PLN2008-54) to allow installation of a hydrogen fuel dispensing facility within an existing 24-hour gasoline station with an existing convenience market (grocery store) with approved beer and wine sales on property located at 2855 S. Winchester Boulevard. The project shall substantially conform to the Revised Project Plans stamped as received by the Planning Division on June 23, 2015, except as may be modified by the Conditions of Approval herein. 2. Previous Conditions of Approval: Upon the effective date of the Resolution approving this Modification (PLN2014-330), the previously approved Conditions of Approval provided in Planning Commission Resolution No. 3879 shall be void and shall permanently be superseded in their entirety by the Conditions of Approval specified herein, except as noted below. 3. Approval Expiration: The Modification approved herein is valid for one year from the date of final approval (expiring July 24, 2016). Within this one-year period, an application for a building permit for the hydrogen fuel dispensing facility must be submitted. Failure to meet this deadline or expiration of an issued building permit, will result in the Modification being rendered void and the entitlement for the gasoline station and convenience market reverting back to the previous Conditional Use Permit (PLN2008- 54) as approved by Planning Commission Resolution No. 3879. 4. Planning Final Required: Planning Division clearance is required prior to Building Permit final. Construction not in s!abstantial compliance with the approved project plans shall not be approved without prior authorization of the necessary approving body. 5. Upgrading of Facility. If technological improvements or developments occur which allow the use of smaller, less visually obtrusive, or underground hydrogen storage, the service provider will be required to upgrade the hydrogen storage facility upon an application to modify or expand the facility to minimize adverse effects related to land use compatibility, visual resources, public safety or other environmental factors. 6. Traffic/Circulation: If the number of vehicular trips to the hydrogen fuel dispensing facility results in queuing onto the public street or disruption to the vehicular circulation of the site, the service provider shall submit an application to modify the facility to accommodate and/or manage the additional demand. Conditions of Approval ~ 2855 S. Winchester Blvd. Modification to Conditional Use Permit - PLN2014-330 Paae 2 7. Revisions to Plans: The construction plans submitted for a building permit shall include the following revisions: a. The Site Plan shall indicate a revised depth of the parallel parking space located along the southerly property line to 22 feet. b. The landscaping plan shall indicate planting of one (1) 24-inch box tree. c. Elevation drawings for construction of the refuse enclosure shall reflect a design complementary to the convenience market building. d. A detail drawing for the final design of the vinyl wrapping, which shall be reviewed and approved by the Community Development Director for consistency with the submitted photo-simulations. 8. Operational Standards: The operation the 24-hour gasoline station and convenience market with approved beer and wine sales shall be subject to the following operational conditions. Non-compliance with these standards, or any other conditions of approval specified herein or any standards, codes, or ordinances of the City of Campbell or State of California shall be grounds for consideration of revocation of the Conditional Use Permit by the Planning Commission. a. Operational Hours: The approved convenience market and gasoline station may operate 24 hours a day, seven days a week. fn the event any conditions of approval are not met, the Community Development Director may immediately modify the operations and/or hours of operation, subject to the project being brought back to the Planning Commission for review. b. Fuel Deliveries: Gasoline and hydrogen tank deliveries shall be restricted to the hours of 6:00 PM to 11:00 PM. c. Sale of Alcohol: The sale of alcoholic products (beer and wine) shall be subject to the following restrictions: a. The applicant shall obtain and maintain in good standing a Type 20 (Off Sale Beer and Wine) license from the State Department of Alcoholic Beverage Control (ABC). b. The sale of alcoholic products shall be limited to the hours of 6:00 AM to 12:00 AM (midnight). d. Noise: 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. An outdoor public address system is not permitted. 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 Conditions of Approval ~ 2855 S. Winchester Blvd. Modification to Conditional Use Permit - PLN2014-330 Paae 3 extended hours of operation, subject to the project being brought back to the Planning Commission for review. e. 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. f. Property Maintenance: The property owner shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. The property owner shall be responsible for the removal of any graffiti and repair of any defacement from walls, fences, and structures-including the vinyl wrap around the equipment enclosure-on the project site within one week of notification by the Community Development Director or their designate. The vinyl wrap shall be replaced as necessary to maintain its appearance. g. Trash & Clean Up: All trash, normal clean up, carpet cleaning, etc. shall not be done in the late evening or early morning hours. All clean up and trash collection shall be done between 6:00 AM and 10:00 PM daily. h. 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. i. Landscape Maintenance: The owner/operator of the property shall provide on-going maintenance of the existing and proposed on and off-site landscaping. On-Site Lighting: On-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director during building permit review for compliance with the Campbell Lighting Design Standards. 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. Refuse Enclosure: New and/or modified refuse enclosures shall comply with all applicable standards of Section 21.18.110 of the Campbell Municipal Code, and shall include a roof coveri~~g, sanitary drain connection, and fire sprinkler protection. Refuse receptacles shall be kept within the enclosures except during collection in compliance with Chapter 6.04 of the Campbell Municipal Code. 11. Construction Activities: The applicant shall abide by the following requirements during construction: Conditions of Approval ~ 2855 S. Winchester Blvd. Modification to Conditional Use Permit - PLN2014-330 Paae 4 a. The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to the issuance of building permits. b. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. c. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. d. Unnecessary idling of internal combustion engines shall be strictly prohibited. e. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise-sensitive receptors such as existing residences and businesses. f. Use standard dust and erosion control measures that comply with the adopted Best Management Practices for the City of Campbell. Building Division 12. Permits Required: A building permit application shall be required for the proposed modifications to the (e) Service Station Facility. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. The building shall be made to comply with all the requirements necessary to the new buildings proposed occupancy. 13. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 14. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 in. X 36 in. 15. 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. 16. 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. '17 ~,enia~ Inspections: L^Jhen a special inspection is required by C.B.'' Cl~ ~.1+ ~~, +he 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 C.B.C Chapter 1, Section 106. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. Conditions of Approval ~ 2855 S. Winchester Blvd. Modification to Conditional Use Permit - PLN2014-330 Page 5 18. Non-Point Source Pollution: 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. 19. 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. 20. Title 24 Accessibility -Commercial: This project shall comply fully with the provisions of Chapter 11 B of California Building Code 2013 ed. 21.Approvals Required: The project requires the following agency approval prior to issuance of the building permit: • Santa Clara County Fire Department • Santa Clara County Department of Environmental Health • West Valley Sanitation District 22. P.G.&E.: Applicant is advised to contact Pacific Gas and Electric Company 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. Applicant should also consult with P.G.&E. concerning utility easements, distribution pole locations and required conductor clearances. 23. Storm Water Requirements: Storm water run-off impervious surface created by this permitted project shall be directed to vegetated areas on the project parcel. Storm water shall not drain onto neighboring parcels. PUBLIC WORKS DEPARTMENT The scope of this project triggers the requirement for Frontage Improvements as required by Campbell Municipal Code 11.24.040. As this is a State of California sponsored pilot project to encourage the use of alternative fuels, the improvements have been limited to upgrading the existing driveway serving the storage area to ADA compliance. Visit the City's website and follow the submittal requirements for Public Works once this application has received entitlement. The checklist for the various plans required for submittal can be found on the City's Website at City Services- Public Works- Engineering- Land Development- Documents, (or use this link: http://www.cityofcampbell.com/206/Documents). See instructions on: 1. -Checklist for Street Improvement Pians. The building permit will not be issued until all Public Works Conditions of Approval have been satisfied. Conditions of Approval ~ 2855 S. Winchester Blvd. Modification to Conditional Use Permit - PLN2014-330 Paae 6 24. Preliminary Title Report: Prior to issuance of any grading or building permits for the site, the applicant shall provide a current Preliminary Title Report. 25. Response Letter: Upon submittal of the Street Improvement Plans, the applicant shall provide an itemized response letter verifying that all the Public Works Conditions of Approval have been met or addressed. 26. Drainage System: 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. 27. 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. 28. Stormwater Pollution Prevention Measures: The project plans indicate that the area disturbed will be approximately 4,000 square feet which is less than the 5,000 square foot requirement for C.3 regulated projects. Prior to issuance of any grading or building permits, 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 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. 29. 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. 30. 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. 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. Conditions of Approval ~ 2855 S. Winchester Blvd. Modification to Conditional Use Permit - PLN2014-330 Paae 7 31. Street Improvement Agreements /Plans /Encroachment Permit /Fees /Deposits: 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, unless otherwise approved by the City Engineer: a. Show location of all existing utilities within the existing public right of way. b. Construction of City standard ADA compliant driveway approach leading into storage area off of Sunnyoaks Avenue and any necessary ancillary sidewalk, curb and gutter. c. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. d. Construction of conforms to existing public and private improvements, as necessary. e. Submit final plans in a digital format acceptable to the City. 32. Street Improvements Completed for Occupancy and Building Permit Final: Prior to allowing occupancy and/or final building permit signoff for any and/or all buildings, the applicant shall have the required street improvements and pavement restoration installed and accepted by the City, and the design engineer shall submit as-built drawings to the City. 33. Maintenance of Landscapinq_ Owner(s), current and future, are required to maintain the landscaped park strip and tree wells in the public right of way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height. 34. Utility Encroachment Permit: Separate encroachment permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work. 35.Additional Street Improvements: Should it be discovered after the approval process that new utility main lines, extra utility work or other work is required to service the development, and should those facilities or other work affect any public improvements, the City may add conditions to the development/project/permit, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City. COU~i i Y FIRE ui i Ri%T Review of this Developmental proposal is limited to acceptability of site access and water supply as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work the applicant shall make application to, and receive from, the Building Department all applicable construction permits. Conditions of Approval ~ 2855 S. Winchester Blvd. Modification to Conditional Use Permit - PLN2014-330 Page 8 36. Hydrogen Motor Fuel-Dispensing and Generation Facilities: 2309.1 General. Hydrogen motor fuel-dispensing and generation facilities shall be in accordance with this section and Chapter 58. Where afuel-dispensing facility also includes a repair garage, the repair operation shall comply with Section 2311. 2309.2 Equipment. Equipment used for the generation, compression, storage or dispensing of hydrogen shall be designed for the specific application in accordance with Sections 2309.2.1 through 2309.2.3. 2309.2.1 Approved equipment. Cylinders, containers and tanks; pressure relief devices, including pressure valves; hydrogen vaporizers; pressure regulators; and piping used for gaseous hydrogen systems shall be designed and constructed in accordance with Chapters 53, 55 and 58. 37. Listed or approved equipment: Hoses, hose connections, compressors, hydrogen generators, dispensers, detection systems and electrical equipment used for hydrogen shall be listed or approved for use with hydrogen. Hydrogen motor-fueling connections shall be listed and labeled or approved for use with hydrogen. 2309.2.3 Electrical equipment. Electrical installations shall be in accordance with California Electrical Code. 2309.3 Location on property. In addition to the requirements of Section 2303.1, dispensing equipment shall be located in accordance with Sections 2309.3.1 through Section 2309.3.2. 2309.3.1 Location of operations and equipment. Generation, compression, storage and dispensing equipment shall be located in accordance with Sections 2309.3.1.1 through 2309.3.1.5.5. 2309.3.1.1 Outdoors. Generation, compression, or storage equipment shall be allowed outdoors in accordance with Chapter 58. 38. CFC Sec. 2309:In addition to the comments noted herein, compliance with all applicable requirements of CFC Sec. 2309, as adopted and amended by the City of Campbell Municipal Code, is required. 39. HazMat: A separate review by our HAZMAT Division is required. Detailed plans for the proposed system must be submitted separately and directly to our office located at 14700 Winchester Blvd. Los Gatos CA. All permits required by the HAZMAT Division must be obtained prior to commencing work, or as indicated by the HAZMAT review. 40. Construction Site Fire Safety: All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification SI-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33. 41.Address identification: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall rnntrast ~r~ith their backgra!rd. Address numbers sha!I be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. CFC Sec. 505.1