CC Resolution 12875 - Approving Permit with site and architecturalRESOLUTION NO. 12875
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A CONDITIONAL USE PERMIT WITH SITE
AND ARCHITECTURAL REVIEW TO ALLOW FOR THE
CONVERSION OF A SINGLE-FAMILY RESIDENCE INTO A
COMMERCIAL USE (PROFESSIONAL OFFICE) AND A PARKING
MODIFICATION PERMIT TO ALLOW FOR A REDUCTION IN THE
NUMBER OF REQUIRED PARKING SPACES FOR PROPERTY
LOCATED AT 1308 PARSONS AVENUE. FILE NO. PLN-2020-64
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 City Council finds as follows with regard to the approval of a Conditional Use Permit.
with Site and Architectural Review and a Parking Modification Permit:
Environmental Finding
The project may be found Categorically Exempt under Section 15332 of the California
Environmental Quality Act (CEQA), pertaining to In -Fill Development Projects which
are found consistent with all applicable general plan policies and zoning regulations,
are under five acres in size, and substantially surrounded by urban uses, under Section
15301 pertaining to the operation and leasing, and minor alteration of an existing
private structure, and Section 15303 pertaining to the conversion of existing small
structures from one use to another where only minor modifications are made in the
exterior of the structures and pertaining to the construction of new small facilities and
structures.
Evidentiary Findings
2. The proposed project includes a General Plan and Zoning Map Amendment to allow a
portion of 1336 Parsons Avenue to change in land use designation from Low -Density
Residential (Less than Six Units per Gross Acre) to Professional Office, and zoning
designation from R-1-6 (Single -Family Residential) to P-O (Professional Office) in
order to facilitate the transfer of a portion of a commercial parking lot built on a
residential property to an adjoining commercial property located at 1308 Parsons
Avenue. The project also includes a Conditional Use Permit with Site and Architectural
Review to allow the conversion of a single-family residence to a commercial use and
Parking Modification Permit to allow a reduction in the number of required parking
spaces for property located at. 1308 Parsons Avenue.
3. The project site comprises two properties (1308 & 1336 Parsons Avenue) which are
located on the east side of Parsons Avenue, south of Camden Avenue and north of
Sharp Avenue. The properties abut single family residences to the south.
4. The project site has no value as habitat for endangered, rare, or threatened species
(i.e., wetland), the project will not result in any significant effects related to traffic, noise,
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Conditional Use Permit with Site and Architectural Review & Parking Modification
1308 Parsons Avenue I File No. PLN-2020-64
or air/water quality, and can be adequately served by all. required utilities and public
services.
5. This action is for a Conditional Use Permit with Site and Architectural Review to allow
the conversion of a single-family residence to a commercial use and Parking
Modification Permit to allow a reduction in the number of required parking spaces for
property located at 1308 Parsons Avenue.
6. The General Plan land usedesignationfor the property is Professional Office.
7. The project site is zoned P-O (Professional Office).
8.. The property is approximately 11,058 square feet and will be approximately 12,973
square feet after an 1,844 sq. ft. transfer, in lot area from 1336 Parsons Avenue.
9. The Conditional use Permit with Site and Architectural Review and Parking
Modification Permit is subject to the recordation of the lot line adjustment facilitating
the transfer of approximately 1,844 square feet of area from 1336 Parsons Avenue and
shall apply to the property as established following the lot line adjustment.
10. The Planning Comm ission's.review of the, proposed project encompassed zoning and
General Plan land use conformance, noise, circulation, traffic, and parking.
11. The proposed use of the property is for a 'professional office' (converted residence to
a commercial use).
12. No use of the property, except as allowed by the P-O (Professional Office) zoning
designation, shall be permitted. Further, no use of the property permitted with a
conditional use permit shall be allowed without first obtaining a conditional use permit.
13. Pursuant to Section 21.28.040 (Table 3) of the Campbell Municipal Code (CMC),
professional offices are required to provide 1 space per 225 square feet of floor area.
For the 3,743 square -foot building a minimum of 17 parking spaces are required where
15 parking spaces have been provided.
14. The Zoning Code implements the General Plan, which encourages the redevelopment
of non -conforming properties as conforming uses (Policy LUT-5.8).
15. The General Plan includes goals, policies and strategies that were reviewed to ensure
the proposed project would be consistent with the General Plan and serve to further,
and not frustrate, its objectives including, but not limited to, the. following policies and
strategy:
Policy LUT-5.1: Neighborhood Integrity: Recognize that the City is composed of residential, industrial
and commercial neighborhoods, each with its own individual character; and allow
change consistent with reinforcing positive neighborhood values, while protecting the
integrity of the city's neighborhoods.
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1308 Parsons Avenue I File No. PLN-2020-64
Strategy LUT-5.6c: Physical Buffers: Provide landscaped buffers, sidewalks and equipment screening to
provide a visual and noise -abating buffer between uses.
Policy LUT-5.8: Non -Conforming Uses: Encourage non -conforming properties to redevelop as
conforming uses.
Based upon the foregoing findings of fact, the City Council further finds and concludes
that:
Conditional Use Permit Findings (CIVIC Sec. 21.46.040):
16. 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;
17. The proposed use is consistent with the General Plan;
18. 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;
19. 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;
20. 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
21. 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.
Site and Architectural Review Findings (CMC Sec. 21.42.060)
22. The project will be consistent with the general plan;
23. The project will aid in the harmonious development of the immediate area; and
24. The project is consistent with applicable adopted design guidelines, development
agreement, overlay district, area plan, neighborhood plan, and specific plan(s).
Parking Modification Permit Findings (CIVIC Sec. 21.12.030.H.7)
25. Due to the unique nature and circumstances of the project, or special development
features, the anticipated number of parking spaces necessary to serve the use or
structure is less than that required by the applicable off-street parking standard, and
would be satisfied by the existing or proposed number of parking spaces, as supported
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by review of the applicant's documentation and/or a parking demand study prepared
by a qualified transportation engineer accepted by the decision -making body;
26. Conditions of approval have been incorporated into the project to ensure the long-term
adequacy of the provided off-street parking;
27. Approval of the parking modification permit will further the purpose of the Parking and
Loading Chapter;
Environmental Finding(s) (CMC Sec. 21.38.050):
28. The project is Categorically. Exempt under Section 15332 of the California
Environmental Quality Act (CEQA), pertaining to In -Fill Development Projects which
are found consistent with all applicable general plan policies and zoning regulations,
are under five acres in size, and substantially surrounded by urban uses, under Section
15301 pertaining to the operation and leasing, and minor alteration of an existing
private structure, and Section 15303 pertaining to the conversion of existing small
structures from one use to another where only minor modifications are made in the
exterior of the structures: and pertaining to the construction of new small facilities and
structures; and
29. There are no unusual circumstances that would prevent the project from qualifying as
Categorically Exempt per Section 15300.2 of the CEQA Guidelines.
THEREFORE, BE IT RESOLVED that the City Council approves a Conditional Use Permit
(PLN-2020-64) with Site and Architectural Review to allow for the conversion of a single-
family residence into a "commercial use (Professional Office) and a Parking Modification
Permit to allow for a reduction in the number of required parking spaces for property
located at 1308 Parsons Avenue, subject to the attached Conditions of Approval (attached
Exhibit A).
PASSED AND ADOPTED this 16th day of August, 2022, by the following roll call vote:
AYES: COUNCILMEMBERS: Gibbons, Lopez, Landry, Bybee, Resnikoff
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
APPROVED:
Paul Resnikoff, Mayor
ATTEST:
Andrea ders, City Clerk
EXHIBIT A
CONDITIONS OF APPROVAL
Conditional Use Permit with Site and Architectural. Review & Parking Modification Permit
(P.LN-2020-64)
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 with Site and
Architectural Review to allow for the conversion of a single-family residence into a
commercial use (Professional Office) and .a Parking Modification Permit to allow for a
reduction in the number of required parking spaces for property located at 1308
Parsons Avenue on property located .at 1308 Parsons Avenue: The project shall
substantially conform to the Project Plans, included as Attachment E in the August 16.,
2022, City Council Staff Report, except as modified by the Conditions of Approval.
2. Plan Revisions: Prior to submittal of a building permit, the following revisions to the
project plans shall be made:
a. Landscaping: Additional landscaping shall be added between parking spaces along
the project frontage (i.e., spaces 1 to 7, and 8 & 9) and interior of the site (i.e.,
spaces 11 to 13).
b. Bicycle Rack: A minimum of one bicycle rack shall be added to the property.
c. Manuvering: The angle of space 9 and associated loading/unloading space shall
be adjusted to minimize maneuvering . conflicts with the existing onsite bollard
located in the vehicle backup area to the west.
Compliance with these requirements shall be to the satisfaction of the Director of
Community Development.
3.. Operational Standards:
a. Allowed Use: No use of the property, except as allowed by the P-O (Professional
Office) zoning designation, shall be permitted. Further, no use of the property
permitted with a conditional use permit shall be allowed without first obtaining a
conditional use permit.
b. Parking Management: In the event that three verifiable complaints are received by
the City regarding parking, the Community Development Director may require
Conditions of Approval
Conditional Use Permit with Site and Architectural Review and Parking Modification
File No.: PLN-2020-64
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establishment of limited duration parking, reduce the permitted occupancy, limit the
hours of operation, require additional parking management strategies and/or return
the project to the Planning Commission for -review.
c. Smoking: "No Smoking" signs shall be posted on the. premises in compliance with
CIVIC 6.11.060.
d. Loitering: There shall be no loitering allowed outside the business. The business
owner is responsible for monitoring the premises to prevent loitering.
e. Live Entertainment: No live entertainment is permitted as part of the Conditional
Use Permit, including live music, disc jockey, karaoke, and dancing.
f. Noise: Music shall be played indoors and.at a low level at all times. No music shall
be audible from outside the tenant space. Unreasonable levels -of noise, sounds
and/or voices, including but not limited to amplified sounds, loud speakers, sounds
from audio sound systems, music, and/or public address system, generated by the
establishment shall not be audible to a person of normal hearing capacity from any
residential property.
4. Permit Expiration: The Conditional Use Permit with Site .and Architectural Review and
a Parking Modification Permit approved herein shall be valid,for one year from the date
of final approval. Within this one-year period, building permits must be submitted to the
City of Campbell.
5. Indemnity: By exercise of this permit approval, the applicant shall indemnify and defend
the City of Campbell, its officers, officials, employees, and agents from any and all
actions, liabilities, losses, and torts,' including attorney's fees arising out of or
.connected unto any challenge to the decision of the City Council on this application.
6. Construction Hours/Fines/Stop Work Notice: Failure to comply with permitted working
hours that result in verified complaints may result in the issuance of a Stop Work Notice
issued to the project with cessation of work for a minimum of seven (7) days from the
date of issuance and 'an administrative fine of up .to $1,000.00.
7. Timely Completion: Once under construction it shall be the obligation of the property
owner and contractor to demonstrate continued progress on the project. In the event
the building permit expires, the City may impose fines or exercise administrative
remedies to compel timely completion of work.
8. Plan Revisions: Upon prior approval by the Community Development Director, all Minor
Modifications to the approved project plans shall be included in the construction
drawings submitted for Building Permit. Any modifications to the Building plan set
during construction .shall require submittal of a Building Permit Revision and approval
by the Building Official prior to Final Inspection.
Conditions of Approval
Conditional Use Permit with Site and Architectural Review and Parking Modification
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9. Water Efficient Landscape Standards: This .project is subject to the California Model
Water Efficient Landscape Ordinance (MWELO). The building permit application
submittal shall demonstrate compliance with applicable MWELO and landscaping
requirements. .
10. Signage: .No signage is approved as part of the development application approved
herein. All signage shall be installed and maintained consistent with the provision of
the Sign -Ordinance, Chapter. 21.30 of the Campbell Municipal Code.
11. 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..
12.Outdoor Storage: No outdoor storage As permitted on the subject property (not
including marked business vehicles which may be parked overnight).
13. Business License: A valid City of Campbell business license shall be maintained for
any business operating on the property at all times.
14. Property_ Maintenance: All exterior areas shall be maintained free from graffiti, trash,
rubbish, posters and stickers placed on the property.
15. Parking & Driveway Areas: All parking and driveway areas shall be striped and
maintained in compliance with the approved plans and Chapter 21.28 (Parking and
Loading) of the Campbell Municipal Code. All parking and driveway areas shall be
regularly swept and cleaned to remove litter and debris.
16. Noise: Doors shall remain closed at all times the facility is in use. Regardless of decibel
level, noise shall not obstruct the free use of neighboring uses so as to unreasonably
interfere with the comfortable enjoyment of adjoining properties or tenant spaces.
17. Landscaping: All exterior landscaping, including trees, shall be maintained in good
condition.
18.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 prior to installation of the lighting for compliance with
all applicable Conditions of Approval, ordinances, laws and regulations. Lighting
fixtures shall be of a decorative design to be compatible with the residential
development and shall incorporate energy saving features.
Conditions of Approval
Conditional Use Permit with Site and Architectural Review and Parking Modification
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19. Perimeter Fencing/Walls: Fencing and walls surrounding the perimeter of the site shall
be maintained in good condition.
20. Revocation of Permit: 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 by the
Planning Commission. In order to cover staff costs for a revocation hearing, the
applicant shall be required to cover the time and materials for such action, not to
exceed the cost of a Conditional Use Permit based on the fee schedule in effect at the
time of the public hearing. In the event the Planning Commission finds that no
wrongdoing has occurred, no payment shall be required.
31114:111�IC1-11AAR L67T1
21. Permits Required: A building permit application shall be required. The building permit
shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit.
22. Construction Plans: The conditions of Approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
23. 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.
24. Size Of Plans: The minimum size of construction plans submitted for building permits
shall be 24 in. X 36 in.
25. 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. Elevation bench marks
shall be called out at all locations that are identified as "natural grade" and intended for
use to determine the height of the proposed structure.
26. Title 24 Energy Compliance: California Title 24 Energy Standards Compliance forms
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.
27. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, 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 C.B.0 Chapter 1, Section 106. Please obtain City of Campbell,
Special Inspection forms from the Building Inspection Division Counter.
28. 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
Conditions of Approval
Conditional Use Permit with Site and Architectural Review and Parking Modification
File No.: PLN-2020-64
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submittal. The specification sheet (size 24" X 36") is available at the Building Division
service counter.
29. 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 public sidewalks.
30. Title 24 Accessibility — Commercial: This change in use shall require the space to
comply fully with California Access requirements Chapt. 11 B 2016 CBC.
31.Approvals Required: The project requires the following agency approval or
consultation prior to issuance of the building permit:
• West Valley Sanitation District (378-2407)
• Santa Clara County Fire Department (378-4010)
32. 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. and E. concerning utility
easements, distribution pole locations and required conductor clearances.
33. Storm Water Requirements: Storm water run-off from 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.
FIRE DEPARTMENT
34. Limited Review: Review of this Developmental proposal is limited to acceptability of site
access, water supply and may include specific additional requirements 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.
35. Combustible Waste: Please note that combustible waste material shall be comply with 2019
California Fire Code. Further review is required prior to any proposed tenant improvement.
36. Limited Review: This review shall not be construed to be an approval of a violation of the
provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A
permit presuming to give authority to violate or cancel the provisions of the fire code or other
such laws or regulations shall not be valid. Any addition to or alteration of approved
construction documents shall be approved in advance. [CFC, Ch.1, 105.3.6]
PUBLIC WORKS DEPARTMENT
Conditions of Approval
Conditional Use Permit with Site and Architectural Review and Parking Modification
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The scope of this project trippers the requirement for Frontage Improvements
as required by Campbell Municipal Code 11.24.040. The applicant will be required
to apply for an Encroachment permit. to construct frontage improvements as listed
below. These Conditions of Approval area supplement to the Planning plans dated.
April 29, 2021 by W. Charles Perry & Associates. The plans are not approved for
construction. Further plan checking by Public Works will be required post entitlement.
37. Construction Drawings: The applicant shall submit the following permit applications,
prior to,.or concurrent with the main Building permit application:
a. Encroachment Permit for Street Improvement Plans: The frontage improvements
for the project shall be shown on a separate street improvement plan as detailed -
here: https://www.campbeIIca.gov/187/Street-Improvements
b. Lot Line Adjustment: The Lot Line Adjustment documents required for this project
shall be submitted for review by the City Surveyor as detailed here,: .
https://www.campbelIca.gov/DocumentCenterNiew/432
38. Lot Line Adjustment:_ Prior to issuance of any grading or building permits for the site,
the applicant shall fully complete a lot. line adjustment process. The applicant shall
submit an application for approval by the City Engineer, pay the current application
processing fees, process the application with City staff's comments and fully complete
the lot line adjustment.
39. Stormwater Pollution Prevention Measures: 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 Mee_ t Development Standards for Stormwater Quality:
A Companion Document to Start at the Source ("Using Site Design Techniques") by
BASMAA, 2003.
40.Trash Capture: Install trash capture inserts (KriStar FloGard or approved equal) in all
on -site storm drain catchbasins.
41. Street Improvement Agreements / Plans / Encroachment Permit / Fees I Deposits:
(Prior to recordation of the Lot Line Adjustment), the applicant shall execute a street
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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 new and existing public right of
way:
b. Installation of City standard curb, gutter, 5 foot attached sidewalk and. ADA
compliantdriveway approaches.
c. Installation of City standard ADA curb ramps at: 1) the southeast corner of
Camden Avenue and Parsons Avenue; and 2) the northeast corner of Sharp
Avenue and ParsonsAvenue.
d. Installation of streetlights, conduits, conductors and . related facilities in
accordance with the City of Campbell's Street Lighting Policies.
e. Installation of traffic control, stripes and signs.
f. Construction of conforms to existing public and private improvements, as
necessary.
g. Submit final plans in a digital format acceptable to the City.
42. 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 installed and accepted by the
City, and the design engineer shall. submit as -built drawings to the City.
43. Maintenance of Landscaping: 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, planting,S,r irrigation, etc. Trees shall not be pruned in a
manner that would not allow the tree to grow to a mature height.
44.Trash Enclosure Requirements:
a. NPDES Permit No. CAS612008 (CRWQCB): C.3.a.i. (7):
For all new development and redevelopment projects that are subject to the
Permittee's planning, building, development, or other comparable review, but
not regulated by Provision C.3, encourage the inclusion of adequate source
control measures to limit pollutant generation, discharge, and runoff. These
source control measures should include:
o Covered trash, food waste, and compactor enclosures.
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b. Campbell Municipal Code .14.02.030 "Stormwater Pollution
Control/Requirements":
The code states that no pollutants or water containing pollutants can be
discharged into the City's storm drain system. Trash enclosures contain
pollutants. During a rain event (or during general cleaning) water washes over
and into roofless -enclosures, collecting pollutants and discharging to the City's
storm drain system. Applicants are required to show how new trash enclosures
will not discharge pollutants into the storm drain system. One possible method
is to provide a sanitary drain in the trash enclosure.
c. West Valley Sanitation District (WVSD), the local sanitary. sewer agency, will
require a roof on the enclosure if the trash enclosure drain connects to their
sanitary sewer system.