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PC Res 2747 RESOLUTION NO. 2747 PLANNING COMMISSION, crrY OF CAMPBELL BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE crrY OF CAMPBELL APPROVING A MODIFICATION TO A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT ALLOWING REMODEL OF AN EXISTING SERVICE STATION ON PROPERTY LOCATED AT 2855 SOUTH WINCHESTER BOULEVARD APPLICATION OF MIL ALLEN WIX, FILE NO. M 91-04 (UP 71-04). After notification and Public Hearing as specified by law on the application of Mr. Allen Wix, on behalf of Shell Oil Company, for a Modification to a previously approved Conditional Use Permit to allow the remodel of an existing service station, on property located at 2855 South Winchester Boulevard, in a C-2-S (General Commercial) Zoning District; and, after presentation by the Planning Director, proponents and opponents, the hearing was closed: After due consideration of all evidence presented, the Commission did find as follows with respect to File No. M 91-04: The building design is considered acceptable and interesting by the Architectural Advisor. The parking provided satisfies the anticipated parking demand for the proposed use. 3. The project is designed to minimize infringement on neighboring properties. Substantial landscaping has been provided adding to the aesthetics of the project. o The proposed convenience store subject to the recommended conditions of approval will not be detrimental to the health, safety, peace e morals, comfort or general welfare of persons residing or working the neighborhood of such proposed use. The proposed 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. RESOLUTION NO. 2747 ADOPTED ON May 14, 1991 page two o The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. The proposed use is compatible with the uses in the area and is permitted in the C-2-S Zoning District. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: The establishment, maintenance, or operation of the use applied for will not be detrimental to the public health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. The proposed 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. ge The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. 4. The proposed use is compatible with the uses in the area. Based upon the above findings, the Planning Commission does hereby grant the requested Conditional Use Permit, subject to the following conditions: Revised site plan indicating, modification to driveway locations and width and revised elevations eliminating the yellow wainscot to be submitted to the Planning Department and approved by the Planning Director upon recommendation of the Architectural Advisor prior to application for a building permit. (Planning) o Building occupancy will not be allowed until public improvements are installed. (Public Works) This approval is for a convenience store and fuel pumps located on a 18,140 square foot site identified as Assessor's Parcel Number 406-09-017. Development shall be substantially as shown on the project materials listed RESOLUTION NO. 2747 ADOPTED ON May 14, 1991 page three below, except as may be modified by conditions contained herein: (Planning) a. Project drawings for Shell Oil Company prepared by Architekton consisting of site plan and elevations dated May 6, 1991. b. Color board on file in the Planning Department. c. Perspective Drawing. Landscaping plan indicating type and size of plant material, and location of irrigation system to be submitted to the Planning Department and approved by the Planning Director prior to issuance of a building permit. Landscape plan to comply with W.E.L.S. Standards. (Planning) All parking and driveway areas to be developed in compliance with Chapter 21.50 of the Campbell Municipal Code. All parking spaces to be provided with appropriate concrete curbs or bumper guards. (Planning) Sign application to be submitted in accordance with provisions of the Sign Ordinance for all signs. No permit issued by Planning and Building Departments (Section 21.53 of the Campbell Municipal Code). Obtain an excavation permit, post surety and pay fees for all work within the public right-of-way, prior to obtaining any building permits. (Public Works) Remove both existing driveways on Sunnyoaks Avenue frontage and construct one (1) new driveway as far westerly as possible, the size to be approved by the Director of Planning upon recommendation of the City Engineer. (Public Works) Northern most driveway on Winchester Boulevard to be an entrance only. Provide pavement markings (directional arrows) on-site to indicate entrance only. (Public Works) 10. Ordinance No. 782 of the Campbell Municipal Code stipulates that any contract for the collection and disposal of refuse, garbage, wet garbage and rubbish produced within the limits of the City of Campbell shall be made with Green Valley Disposal Company. This requirement applies to all single- family dwellings, multiple-family dwellings, and all commercial, business, industrial, manufacturing, and construction establishments. (Fire) 11. Trash container(s) of size and quality necessary to serve the development shall be located in area(s) approved by the Fire Department. Unless RESOLUTION NO. 2747 ADOPTED ON May 14, 1991 page four otherwise noted, enclosure(s) shall consist of a concrete floor surrounded by a solid wall or fence and have self-dosing doors of a size specified by the Fire Department. All enclosures to be constructed at grade level and have a level area adjacent to the trash enclosure area to service these containers. (Fire) 12. Applicant shall comply with all appropriate State and City requirements for the handicapped. (Building) 13. 14. 15. 16. 17. 18. 19. 20 Underground utilities to be provided as required by Section 20.36.150 of the Campbell Municipal Code. (Public Works) Applicant to submit a plan to the Planning Department, prior to installation of PG&E utility (transformer) boxes and San Jose Water back-flow preventers, indicating the location of the boxes and screening (if boxes are above ground) for approval of the Planning Director. (Planning) All mechanical equipment on roofs and all utility meters to be screened for approval by the Planning Director. (Planning) Plans submitted to the Building Division for plan check shall indicate clearly the location of all connections for underground utilities including water, sewer, electric, telephone and television cables, etc. (Building) Applicant to either (1) post a faithful performance bond in the amount of $4000 to ensure landscaping, fencing, and striping of parking areas within 3 months of completion of construction; or (2) file a written agreement to complete landscaping, fencing and striping of parking areas. Bond or agreement to be filed prior to application for a written agreement to complete landscaping, fencing and striping of parking areas. Bond or agreement to be filed prior to application for a building permit. (Planning) Storage areas in connection with the convenience store shall be separated from the public area by one-hour fire resistive construction. 370 (b) UBC. (Building) Electrical equipment and wiring associated with gas dispensing shall comply with NEC. Section 514 for Class I locations. (Building) Sidewalks adjoining the convenience store shall be a minimum of 48 inches in width, with no elevations exceeding 1/2 inch. Title 24, Section 3325. (Building) RESOLUTION NO. 2747 ADOPTED ON May 14, 1991 page five 21. Applicant to submit a security plan for approval of the Planning Director upon review by the Police Department ensuring adequate evening security prior to building occupancy. (Planning) This approval allows the establishment of off-sale beer/wine sales in conjunction with a convenience store between the hours of 7:00 a.m., to 11:00 p.m. (Planning) The applicant is notified as part of this application that he is required to comply with all applicable Codes and/or Ordinances of the City of Campbell and the State of California that pertain to this development, and are not herein specified. PASSED AND ADOPTED this 14th day of May 1991, by the following roll call vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Alne, Higgins, Perrine, Wilkinson, Dougherty, Fox, Meyer-Kennedy None None APPROVED: Tane P. Meyer-Kennedy CHAIRPERSON ATTEST: Steve Piasecki Secretary