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PC Res 4269RESOLUTION NO. 4269 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2015-22) TO A PREVIOUSLY-APPROVED CONDITIONAL USE PERMIT (UP 83-06) TO ALLOW LATE NIGHT OPERATIONAL HOURS FOR AN EXISTING GAS SERVICE STATION AND MINI- MART ON PROPERTY LOCATED AT 570 E. HAMILTON AVENUE. FILE NIO.: PLN2015-22 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 PLN2015-22: 1. The project site is zoned C-2 (General Commercial) and designated General Commercial in the Campbell General Plan. 2. The project site consists of a 25,634 square-foot site, with an 800 square-foot retail building (mini-mart) and six fueling islands. 3. The project site is located at the southwest corner of the intersection of E. Hamilton and Salmar Avenue, and near the on- and off-ramp of Highway 17. 4. The project site is surrounded by commercial properties on all sides. 5. No expansion or changes to the exterior of the commercial building are proposed. 6. At its regular meeting of August 23, 1983, the Planning Commission adopted Resolution No. 2227 approving a Use Permit (UP 83-06), allowing the construction of a mini-mart andl service station and approval of off-sale of beer & wine. The approved Conditional U:se Permit did not specify allowable hours of operation. 7. On April 3, 2001 the City Council adopted Ordinance No. 2002, requiring that all late- night uses, defined as those uses operating between the hours of 11:00 PM to 6:00 AM, obtain a Conditional Use Permit or modify apreviously-approved Conditional Use Permit to allow late-night operation. 8. To the best of the City's knowledge, the gas service station and mini-mart has operated 24-hours a day since its establishment in 1983. 9. The subject c~as service station and mini-mart was approved prior to City Council Ordinance No. 2002, and therefore is considered anon-conforming use. 10. The approval of late night operations and extension of salable hours of alcoholic products (beer & wine) are permitted in the C-2 (General Commercial) Zoning District with approval ~of a Modification of the previous Use Permit (UP 83-06). 11. The sale of allcoholic products shall be limited to the hours permitted by the State of California. Planning Commission Resolution No. 4269 570 E. Hamilton Avenue -Modification (PLN2015-32) to Conditional Use Permit (UP83-06) Page 2 of 3 12. The project :>ite abuts commercial uses to the south and west, and is across from commercial uses to the north and east. 13. The site has :>ix parking spaces, not including queuing spaces located within the fueling area. 14. The Police Department has reviewed the project and is supportive of the request as conditioned. 15. The business and operational hours for the gas station and mini-mart shall 24-Hours a Day, Monday -Sunday. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 16. The proposecl use is allowed within the applicable zoning district with the approval of a Modification of the previously approved Conditional Use Permit, and complies, as conditioned, with all other applicable provisions of this Zoning Code and the Campbell Municipal Code. 17. The proposecl development would be consistent and compatible with the General Plan and will aid in the harmonious development of the immediate area. 18. The subject site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features required in order to integrate said use with uses in the surrounding area. 19. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such uses would generate. 20. The design, location, size, and operating characteristics of the proposed use, as conditioned, are compatible with the existing and future land uses on-site and in the vicinity of the subject property. 21. The establishhment, maintenance, and/or operation of the proposed use, as conditioned, 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. 22. The extended business hours and operational hours, as permitted and conditioned, will not detrimentally impact adjacent or abutting commercial businesses. 23. The proposed use is compatible with the uses in the area. 24. The continued) establishment of a general off-sale beer & wine license and extension of operational hours will not result in an over concentration of such uses in the area, or create a nuisance due to litter, noise, traffic, vandalism, or other factors, significantly Planning Commission Resolution No. 4269 570 E. Hamilton Avenue -Modification (PLN2015-32) to Conditional Use Permit (UP83-06) Page 3 of 3 disturb the peace and enjoyment of the nearby residential neighborhood, or significantly increase the demand on City services. 25. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. 26. No substantiail 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. 27. This project is Categorically Exempt under Section 15301, Class 1 of the California Environmentail Quality Act (CEQA), pertaining to the operation and leasing of an existing prival:e structure. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Modification (PLN2015-22) to apreviously-approved Conditional Use Permit (UP 83-06) to allow late night operational) hours for an existing gas service station and mini-mart on property located at 570 IE. Hamilton Avenue, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND AIDOPTED this 12t" day of January, 2016, by the following roll call vote: AYES: Commissioners: Bonhagen, Kendall, Reynolds, Young, Dodd and Rich NOES: Commissioners: None ABSENT: Commissioners None ABSTAIN: Commissioners: Finch ~~ ~E~ t 7 l ~ t/~ i APPROVED: ~-- ~ ~' ,~ ... ~~.,'~-i0 ~f ~- Dodd, Chair ATTEST: Paul Kermdyan, Secretary EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit Modification (PLN2015-22) Where approval k>y 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 thie City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division Approved P~~rolect: Approval is granted fora Modification (PLN2015-22) to a previously approved Conditional Use Permit (UP 83-06) to allow late night operational hours for an existing gas service station and mini-mart on property located at 570 E. Hamilton Avenue. The project shall substantially conform to project plans and written description dated as received by the Planning Division on April 10, 2015, except as may be modified by the conditions of approval specified herein. 2. Supersession of Previous Conditions of Approval: Upon the effective date of the Resolution approving this Modification (PLN2015-22), the previously approved Conditions of Approval (UP 83-06) shall be void and shall permanently be superseded in their entirety by the Conditions of Approval specified herein. 3. Operational Standards: Any business operating pursuant to the Modification (PLN2015-22) approved herein shall be required to conform to the following operational standards of this entitlement and thereafter in perpetuity. Significant deviations from these parameters shall first require approval of a Modification to establish ne~nr Conditions of Approval. a. Approved Use: The approved use is a "gasoline station" and "liquor store" with "late night operations" as defined by the Campbell Municipal Code. b. Hours of Operation: Hours of operation shall be as follows. By the end of the 'Operational Hours' all employees shall be off of the premises. By the end of 'Business/Public Hours' all patrons shall have exited the facility. o Operational Hours: 24-Hours a Day, Monday -Sunday o Business Hours: 24-Hours a Day, Monday -Sunday In the event complaints are received by the City regarding activity during the approved late-night operational hours, 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. Exhibit A -Conditions of Approval ~ 570 E. Hamilton Avenue Modification (PLN2015-22) to Conditional Use Permit (UP 83-06) Page 2 c. Lighting: Artificial light shall be designed to reflect away (adequately down shielded) from adjoining properties. d. Circulation: During business hours the gas station shall provide adequate vehicular circulation to ensure free ingress and egress, and safe and unimpeded on-site circulation through the site. e. Properi:y Maintenance: All exterior areas of the business are to be maintained free from graffiti, trash, rubbish, posters and stickers. Trash receptacles shall be maintained within their approved enclosures at all times. Parking lot striping and paving ;>hall be maintained in good condition. Note: Iri conformance with this requirement, existing graffiti as depicted on the telephone box in the project photos shall be remedied within thirty calendar days of this approval. Furthermore, all telephone boxes which are not functional shall be removed within three-months of this approval to alleviate the potential for the equipment to act as an attractive target for graffiti. f. Landscape Maintenance: All landscaped areas shall be continuously maintained in accordance with City Landscaping Requirements (CMC 21.26). Landscaped areas shall be watered on a regular basis so as to maintain healthy plants. Landscaped areas shall be kept free of weeds, trash, and litter. Dead or unhealthy plants shall be replaced with healthy plants of the same or similar type. g. Loitering: There shall be no loitering allowed in the area, in the parking lot, or along the property's frontages. The business owner and property owner are responsible for monitoring the premises to prevent loitering. Increased security patrols, and other measures as appropriate, shall be used to reduce the incidence of loitering on the property. h. Security Cameras: The property shall be required to maintain a minimum of three wide-angle security cameras in working condition. The recordings of these camera:> shall be stored for no less than thirty (30) days and made available to assist Police Enforcement upon request. i. Smoking: "No Smoking" signs shall be posted and maintained on the premises in perpetuity in compliance with CMC 6.11.060. j. Storage: No outdoor, or rooftop storage shall be permitted. k. Signs: IVew signage shall not be installed prior to approval of a sign permit as required by Chapter 21.53 of the Campbell Municipal Code. Note: In conformance with this requirement, smaller temporary advertising signs (i.e. Coca-Cola, Marlboro, Rockstar Energy) as depicted in the project photos shall be removed from the property within 30 calendar days of this approval. Exhibit A -Conditions of Approval ~ 570 E. Hamilton Avenue Modification (PLN2015-22) to Conditional Use Permit (UP 83-06) Paae 3 I. Parking: No vehicle parking on public streets shall be permitted at any time. m. Noise: Unreasonable levels of noise, sounds and/or voices, including but not limited to amplified sounds, loudspeakers, sounds from audio sound systems, and/or music, generated by the subject use shall not be audible to a person of normal hearing capacity from any property. All exterior doors including entry doors slhall be kept closed. 4. Selling of Alcohol: Notwithstanding the approved business hours and hours of operation, the sale of alcoholic products shall be subject to the following restrictions: a. The sale of alcoholic products shall be limited to the off-sale of beer and wine and the hours permitted by the State of California. No onsite consumption of alcoholic beveracles shall be permitted. b. The apK>licant shall maintain in good standing the appropriate off-sale beer & wine license from the State Department of Alcoholic Beverage Control for the off-sale of beer & wine products. 5. Permit Expiration: The Modified Conditional Use Permit approval shall be valid in perpetuity with continued operation of the use approved herein. Abandonment, discontinuation, or ceasing of operations for a continuous period of twelve months shall void the Modified Conditional Use Permit approved herein. Upon vacation of the Modified Conditional Use Permit, the use shall not be reestablished prior to approval of anew applic<~tion. 6. Revocation cif Permit: Operation of the use in violation of the Modified 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.