CC Resolution 13076 - Denial of Appeal Without Prejudice for Property Located at 570 E. Hamilton Avenue (2) RESOLUTION NO. 13076
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL DENYING
AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DENIAL WITHOUT
PREJUDICE OF A CONDITIONAL USE PERMIT WITH SITE AND ARCHITECTURAL
REVIEW TO ALLOW RECONSTRUCTION OF A GASOLINE SERVICE STATION WITH
AN EXPANDED CONVENIENCE STORE INCLUDING OFF-SITE ALCOHOL BEVERAGE
SALES, A DRIVE-THROUGH CARWASH, AND 24-HOUR OPERATIONAL HOURS WITH
ASSOCIATED SITE, LIGHTING, PARKING, REFUSE COLLECTION, AND
LANDSCAPING IMPROVEMENTS; AND A TREE REMOVAL PERMIT TO ALLOW
REMOVAL OF ON-SITE TREES, FOR PROPERTY LOCATED AT 570 E. HAMILTON
AVENUE. FILE NO.: PLN-2022-44
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 File Number PLN-2021-43:
Environmental Findings
1. The action to deny the project is Statutorily Exempt from environmental review under the
California Environmental Quality Act (CEQA) pursuant to PRC § 21080(b)(5).
Evidentiary Findings
1. The Project Site is an approximately 26,000 square-foot parcel located at the southwest
corner of the Hamilton/Salmar/Highway 17 intersection and 0.20 mile from the Valley
Transportation Authority (VTA) Hamilton Light Rail Station.
2. The Project Site is designated by the Campbell Zoning Map as C-2 (General
Commercial) and by the Campbell General Plan Land Use Diagram as General
Commercial.
3. The Project Site is surrounded by the Staples office supply store and its parking lot to
the west and south and is across the street from a retail center to the north across
Hamilton Avenue and the former Fry's Electronics store to the east across Salmar
Avenue.
4. The Project Site is currently entitled with a Conditional Use Permit (UP 83-06) approved
by Planning Commission Resolution No. 2227, as amended by Resolution No. 4269
(PLN2015-22), allowing 24-hour operation of a service station and convenience market
with off-sale of beer and wine products.
5. The Proposed Project is an application for a Conditional Use Permit with Site and
Architectural Review and Tree Removal Permit (PLN-2022-44) to allow reconstruction of
a Shell service station with an expanded convenience store including off-site alcohol
beverage sales, a drive-through carwash, and 24-hour operational hours.
6. The specific conditional uses of the Proposed Project include a (1) "gasoline station"; (2)
"motor vehicle - cleaning, washing, and detailing"; (3) "outdoor active activities" (the
drive-through component of the carwash); (4) "late night activities" (24-hour operation);
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(5) "liquor store" (to allow off-site alcoholic beverage sales); and (6) a "convenience
market/store".
7. The application for the Proposed Project was deemed "complete" under the Permit
Streamlining Act on January 17, 2023, and therefore is subject to the Zoning Code and
General Plan in effect at the time pursuant to CMC Sec. 21.01.050.E.
8. Chapter 21.46 of the Campbell Municipal Code (CMC) requires application for a
Conditional Use Permit for certain prescribed land use activities so that the City may
evaluate requests on a case-by-case basis relative to site specific considerations for the
following reasons:
• Conditional uses are those that have a special impact or uniqueness so that their
effect on the surrounding environment cannot be determined in advance of the
use being proposed for a particular location.
• The process for reviewing Conditional Use Permit applications is intended to
protect the integrity and character of the residential, commercial, industrial, and
mixed use areas of the city, consistent with the objectives, policies, general land
uses, and implementation programs of the General Plan.
• The Conditional Use Permit process also provides for adequate review and input
for development projects that potentially impact the community, and adequate
review to ensure that development in each zoning district protects the integrity of
that district.
•
• A project requiring Conditional Use Permit approval is reviewed as to its location,
design configuration, and potential impacts by comparing the project to
established standards as to determine whether the permit should be approved by
weighing the public need for, and the benefit to be derived from, the project,
against any impacts it may cause.
9. The City's exercise of the Conditional Use Permit process furthers the intent of the
Zoning Code as specified by CMC Section 21.01.30 (Purpose), including but not limited
to the implementation of the goals, objectives, policies, and programs of the General
Plan, to maintain community character and to avoid congestion.
10. In review of the Proposed Project, the City Council considered the compliance of all
applicable development standards provided by the Zoning Code, consistency with the
goals, policies, and strategies of the General Plan, and the entirety of the administrative
record including staff reports, public testimony(verbal and written), and technical analyses.
11.The General Plan prescribes that "in making land use decisions, the City's decision
makers must consider which land uses will best serve the public interest, while allowing
property owners reasonable property use." (Page LUT-3).
12.The Project Site is located at the Hamilton/Salmar/Highway 17 intersection, which is
identified by the Campbell General Plan as a city entry "gateway." Page LUT-28 of the
General Plan describes the gateways, as follows:
Gateways and Boundaries are the primary locations where people enter and leave the city.
Gateways provide initial impressions of Campbell and convey a "sense of arrival." Currently the City
is lacking Gateways at its boundaries and to most of its districts and neighborhoods....This General
•
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Plan Update encourages Gateways at the city boundaries on major streets and intersections and at
entries to special districts, such as Downtown. Gateways should be appealing and distinctive,
evoking a positive city or district image. Gateways can be identified through special architecture,
landscape, and artwork. Uniform signs for the city's gateways can also help define the city's
boundaries.
13.The General Plan's vision for entry gateways is effectuated through Goal LUT-6 and its
supporting policy and strategies, below. The Proposed Project fails to achieve the
objectives established by Goal LUT-6 and its supporting policy and strategies in that an
expanded gasoline station, convenience market, and drive-through carwash cannot
adequately anchor a gateway intersection with "landmark buildings" with "distinct
architectural character" that "face and frame" the intersection. This conflict is notably
more significant at the Hamilton/Salmar/Highway 17 Gateway as it is one of the most
visually prominent and highly trafficked gateways into the City.
Goal LUT-6: Strong and identifiable City boundaries that provide a sense of arrival into the
City and its districts to reinforce Campbell's quality small town image.
Policy LUT-6.1: Entries to the City and Special Districts: Identify entries to the city and special
districts (Downtown, San Tomas Neighborhood, and others) with special
features.
Strategy LUT-6.1a: Identification Signs: Install city identification signs including distinctive
landscaping and lighting or other markers at community gateways to signify
entry.
Strategy LUT-6.1 b: Landmark Gateway Buildings: Anchor gateway intersections with landmark
buildings that incorporate distinctive architectural character. Orient landmark
buildings to face and frame the corners of intersections.
Strategy LUT-6.1c: Gateway Intersections: Develop major gateway intersections such as
Highway 17 / Hamilton Avenue and San Tomas Expressway / Winchester
Boulevard with signage, lighting and abundant landscaping, using tall trees
and under-planting.
14.The Project Site's prominent location with proximity to CA Highway 17 and Hamilton Light
Rail Station supports a higher and better use of land than the Proposed Project which
does not maximize the development capacity of the subject property as evidenced by
the .16'Floor Area Ratio (FAR) and single-story design where a 0.40 FAR and a 75-foot
height limit are specified by the C-2 (General Commercial) Zoning District.
15. Moreover, the vehicle orientation of the Proposed Project conflicts with General Plan
policies and strategies pertaining to complementing land use with the regional
transportation system and allowing higher intensity development near light rail, as stated
by Policy LUT-1.5 and Strategy LUT-1.5a, and Strategy LUT-1.5d, respectively, and
within the Priority Development Areas (PDA) per Strategy LUT-2.11, since the project
site is less than % mile from the Hamilton Light Rail Station, and is surrounded by the
City's Priority Development Area (PDA).
Policy LUT-1.5: Land Use Planning and the Regional Transportation System: Support land use
planning that complements the regional transportation system.
Strategy LUT-1.5a: Transit-Oriented Developments: Encourage transit-oriented developments
including employment centers such as office and research and development
facilities and the city's highest density residential projects by coordinating the
location, intensity, and mix of land uses with transportation resources, such as
Light Rail.
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Strategy LUT-1.5d: Higher Floor Area Ratios (FARs): Develop provisions for allowing higher FARs in
new projects that provide a mix of uses, maintain a jobs/housing balance or are
located within proximity to Light Rail.
Strategy LUT-2.11 Public Transit: Coordinate with regional transportation agencies including VTA
and the Metropolitan Transportation Commission (MTC) to improve public
transportation service and promote public transit as a viable alternative to driving,
particularly within the Priority Development Areas (PDA).
16.For the above reasons, the Proposed Project is also in conflict with Plan Bay Area 2050,
which encourages local jurisdictions to focus on the development of housing,job centers,
and mixed-use developments near transit stations to promote walkability, reduce car
dependency, and improve overall transportation efficiency.
17.Notwithstanding inconsistency with the General Plan's gateway and transit-supporting
policies, the Proposed Project also fails to satisfy the design expectations established by
the General Plan pertaining to Building Placement/Orientation, as described of Page
LUT-32, and,effectuated by Strategy LUT-9.3d, in that the building would be oriented
inwards, with the functional rear of the building facing the Hamilton Avenue frontage.
Major intersections are often the first and most lasting impression of. the community. Street
intersections create focal points that can enhance or detract from the image of a community. This
highly visible position deserves special design consideration. Well- designed buildings that frame
intersections help define a space and reduce the expanse of asphalt. Incorporating prominent entries,
windows, design details, and landscape oriented to the intersection creates "a sense of place." Well-
designed and strategically placed buildings can provide a more positive image of the community.
Strategy LUT-9.3d: Building Design: Design buildings to revitalize streets and public spaces by
orienting the building to the street, including human scale details and massing that
engages the pedestrian.
18.The Proposed Project also fails to satisfy the design expectations established by the
General Plan pertaining to design and materials, as described on Page LUT-32, and
effectuated by Policy LUT-9.3 and Strategy LUT-9.3e, in that the proposed use of "thin
brick"—a veneer material typically '/z" or '/" thick—would not achieve the tactile depth
nordurability of a genuine brick. Consequently, the building would fall short of meeting
the design expectations outlined in the General Plan.
New developments, especially "infill" projects (i.e. new development that primarily takes place by
remodeling existing buildings or by removing an existing structure to accommodate a new structure),
require careful attention to building scale, architectural design, landscaping, and placement and
screening of loading areas and mechanical equipment. With proper encouragement and direction,
new development can have a positive affect on surrounding development and enhance the quality of
life for residents, employees, and visitors to Campbell.
The General Plan encourages new developments, including major remodels, which are designed to
complement existing development. New development and improvements can be compatible with
surrounding development if careful attention is paid to scale, materials, colors, building height and
form, and design details. Franchise establishments sometimes employ a generic "corporate
architecture"that is garish and repetitive. Corporate architecture is more difficult to blend with existing
development, does not accommodate other commercial land uses easily and becomes dated quickly.
Therefore, corporate architecture is discouraged. The General Plan encourages high quality building
designs that are architecturally attractive and are compatible with or enhance the surrounding
development.
Policy LUT-9.3: Design and Planning Compatibility: Promote high quality, creative design and site
planning that is compatible with surrounding development, public spaces and
natural resources.
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Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high quality building
materials on all buildings to ensure the long-term quality of the built environment.
19.General Plan Policy LUT-1.2c directs the City to support Federal, State, and local
legislation to reduce motor vehicle emissions, noise, and fuel consumption in the region.
Approval of the Proposed Project would be in contradiction to Federal and State policies
to reduce gasoline fuel consumption, including Executive Order N-79-20, which directed
the California Air Resources Board (CARB)to develop regulations to mandate that 100%
of in-state sales of new passenger cars and trucks are zero-emission by 2035, which
was effectuated by CARB "Advanced Clean Cars II" rule adopted in August 2022, which
will rapidly accelerate the transition away from gasoline vehicles. Moreover, the purchase
of electric vehicles will also be incentivized through new tax credits approved as part of
the federal 2022 Inflation Reduction Act.
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.
20.Future uses in the vicinity of the Project Site are anticipated to be upper-level residential
units (apartments and condominiums) with pedestrian-scale retail, restaurant, and
personal-service businesses on the ground-level intended to serve the local community.
21.Rejection of the Proposed Project does not deny the property owner reasonable use of
the property as the current service station and convenience store may continue to be
operated consistent with the approved Conditional Use Permit (UP 83-06/ PLN2015-22).
•
22.The Proposed Project was considered by the Planning Commission at its meeting of
June 27, 2023, wherein, after closing of the public hearing, adopted Resolution No. 4683,
denying the application. A timely Appeal of the Planning Commission's denial was
received on July 7, 2023.
Based upon the foregoing findings of fact pursuant to CMC Section 21.46.040 and Section
21.46.050 and in consideration of the entire administrative record, and in weighing the public
need for, and the benefit to be derived from, the project, against any impacts it may cause,
the City Council further finds and concludes that:
Conditional Use Permit Findings (CMC Sec. 21.46.040):
1. The proposed use is not consistent with the General Plan;
2. The design, location, size, and operating characteristics of the proposed use are not
compatible with the existing and future land uses on-site and in the vicinity of the subject
property; •
Site and Architectural Review Permit Finding (CMC Sec. 21.42.060.B):
3. The project will not be consistent with the general plan;
4. The project will not aid in the harmonious development of the immediate area;
Tree Removal Permit Finding(s) (CMC Sec. 21.32.080.A):
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5. The tree or trees are not diseased or presents a danger of falling that cannot be controlled
or remedied through reasonable preservation and/or preventative procedures and
practices such that the public health or safety requires its removal;
6. The tree or trees have not caused or may imminently cause significant damage to the
existing main structure(s) that cannot be controlled or remedied through reasonable
modification of the tree's root or branch structure;
7. The tree or trees have not interfered with utility services where such interference cannot
be controlled or remedied through reasonable modification/relocation of the utility
services and/or reasonable modification of the tree's root or branch structure;
8. The tree(s) is are not crowding other protected tree(s) to the extent that removal is
necessary to ensure the long-term viability of adjacent tree(s);
9. The retention of the tree(s) does not restrict the economic enjoyment of the property or
creates an unusual hardship for the property owner by severely limiting the use of the
property in a manner not typically experienced by owners of similarly zoned and situated
properties, and the applicant has demonstrated to the satisfaction of the approval
authority that there are no reasonable alternatives to preserve the tree(s). A minor
reduction of the potential number of residential units or building size due to the tree
location does not represent a severe limit of the economic enjoyment of the property.
THEREFORE, BE IT RESOLVED that the City Council denies an appeal and upholds the
Planning Commission's denial without prejudice a Conditional Use Permit with Site and
Architectural Review to allow reconstruction of a gasoline service station with an expanded
convenience store including off-site alcohol beverage sales, a drive-through carwash, and
24-hour operational hours with associated site, lighting, parking, refuse collection, and
landscaping improvements; and a tree removal permit to allow removal of on-site trees, for
property located at 570 E. Hamilton Avenue.
PASSED AND ADOPTED this 7th day of November 2023, by the following roll call vote:
AYES: Councilmembers: Lopez, Scozzola, Furtado, Bybee
NOES: Councilmembers: Landry
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
APPROVED:
Anne Bybee, Mayor
ATTEST: ti G l.Z ij,D
Andrea S ders, City Clerk