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PC Res 3711 RESOLUTION NO. 3711 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (PLN2005-164) FOR THE REMODEL OF AN EXISTING SERVICE STATION TO ACCOMMODATE A MINI-MARKET, NEW SERVICE ISLAND, A CAR WASH AND A STORAGE/OFFICE AREA ON PROPERTY OWNED BY DARIANI ENTERPRISES LOCATED AT 2855 S. WINCHESTER BOULEVARD IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR. RAMIN DARIANI, ON BEHALF OF SUNNYOAKS VALERO. FILE NO: PLN2005-164. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2005-164: 1. The proposed mini-market, new service island, car wash, storage/office area and late night operational hours is consistent with the General Commercial General Plan land use designation and the C-2-S General Commercial Zoning District shown for the project site. 2. The proposed use will be compatible with the C-2-S (General Commercial) zoning designation with approval of a Conditional Use Permit. 3. The project site consists of a 3,553 sq ft. two story building accommodating a car wash, convenience store, office/storage area and a new pump service island with four fuel dispensers. 4. The proposed site plan depicts that approximately 11 percent of the site will be landscaped where a minimum 10 percent is required. 5. The project site is located on the southwest corner of West Sunnyoaks Avenue and South Winchester Blvd. The property is surrounded by a mini-storage use on the north, industrial uses to the east, a convenience store to the west, and auto repair to the south. 6. The proposed project is consistent with other commercial developments and uses in the surrounding area. 7. Exterior modifications to the building are proposed that provide an attractive commercial building. 8. The Police Department has not expressed a concern with the proposed project or operational hours. Planning Commission Resolution No. 3711 PLN2005-164 -- 2855 S. Winchester Boulevard -- Use Permit - Valero Page 2 9. The hours of operation of the convenience store and gasoline station shall be restricted to 6 a.m. to 12:00 a.m. (daily), car wash hours shall be restricted to 6:00 a.m. to 8:00 p.m., and gasoline delivery trucks shall be limited to the hours of 6:00 3:-QGp.m. to 12:00 a.m. 10. The project qualifies as a Categorically Exempt project per Section 15302, Class 2 (Replacement and reconstruction of existing commercial facility) of the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project is consistent with the General Plan. 2. 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 Municipal Code. 3. The establishment will not result in an over concentration of these uses in the surrounding area. 4. The establishment will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 5. The establishment will not significantly disturb the peace and enjoyment of the nearby residential neighborhood. 6. The establishment will not significantly increase the demand on City services. 7. 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. 8. 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. 9. 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. 10. 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 Planning Commission Resolution No. 3711 PLN2005-164 -- 2855 S. Winchester Boulevard -- Use Permit - Valero Page 3 use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City 11. No substantial 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. 12. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. THEREFORE, BE IT RESOLVED that the Planning Commission approves a Conditional Use Permit (PLN2005-164) for the remodel of an existing service station to accommodate a mini-market, new service island, a car wash and a storage/office area on property owned by Dariani Enterprises located at 2855 S. Winchester Boulevard in a C-2-S (General Commercial) Zoning District. 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 Proiect: Approval is granted for a Conditional Use Permit (PLN2004-164) to allow the remodel of an existing service station to accommodate a mini-market, new service island, a car wash, a storage/office area and late night activities for an existing gasoline station located at 2855 S. Winchester Boulevard. The project shall substantially conform to the plans and project description received by the Planning Division on October 29, 2005, except as may be modified by the conditions of approval contained herein. 2. Conditional Use Permit Approval Expiration: The Conditional Use Permit approval shall be valid for two years from the date of final approval. Within this two-year period the use must be established on the property and the conditions of approval satisfied. Failure to meet this deadline will result in the Conditional Use Permit being void. 3. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for Planning Commission Resolution No. 3711 PLN2005-164 -- 2855 S. Winchester Boulevard -- Use Permit - Valero Page 4 consideration of revocation of the Conditional Use Permit by the Planning Commission. 4. Propertv Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. 5. Siqnaqe: 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 Regulations Chapter 21.30 of the Campbell Municipal Code. 6. Landscape Plan: The applicant shall submit four sets of a landscape and irrigation plan to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director. The landscape and irrigation plan shall substantially conform with the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS) and shall include the following: a. Provide a combination of screening shrubs, trees and ground cover along the driveway and the parking area. b. Provide screening shrubs and vines along the rear and side property lines. c. All shrubs shall be a minimum five gallon size plant material and all trees shall be a minimum 24 inch boxed container. 7. liquor License: No liquor license is permitted or considered with this application. 8. Decorative Pavement: The applicant shall submit four sets of a site plan depicting the following: a. Decorative paving materials with minimum 4 foot width at project driveways. b. Provision of a walking path through the landscape area to provide access to trash enclosure area. c. Provision of upgraded curbing with the use of colored concrete or decorative boulders. 9. Location of Mechanical Equipment: No roof-mounted mechanical equipment (Le. 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. Planning Commission Resolution No. 3711 PLN2005-164 -- 2855 S. Winchester Boulevard -- Use Permit - Valero Page 5 10. Buildinq Color and Materials: The applicant shall submit color samples of wall and roof colors for review and approval of the Community Development Director prior to issuance of building permits. The proposed color scheme shall present subdues colors indicative of colors uses in the surrounding neighborhood. The building color shall be light gray or tan and roofing color shall be darker gray, bronze or green. 11. Trash and Recvclinq Enclosure: The applicant shall submit details regarding the design and location of a trash and recycling enclosure(s) to the Planning Division for review and approval by the Community Development Director prior to the issuance of building permits for the project. a. Trash containers of a size and quantity necessary to serve the new buildings shall be in areas approved by the Fire Department and Community Development Director. b. Unless otherwise noted, enclosures shall consist of a concrete floor surrounded by a six-foot high solid wall with a decorative cap and have decorative doors and designed to be architectural compatible to the buildings. The enclosure shall be constructed at grade level and have a level area adjacent to the trash enclosure area to service the containers. 12. Outdoor Storaqe: 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. 13. Noise: a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from car wash equipment generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. Car wash operation shall be limited to the hours of 6:00 a.m. to 8:00 p.m. b. Public Address System: An outdoor public address system is not permitted. c. Noise Manaqement: 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 extended hours of operation, subject to the project being brought back to the Planning Commission for review. 14. Trash & Clean Up: Trash and clean up shall not be done in the evening or early morning hours. All trash and clean up shall be done between 6:00 a.m. and 10:00 p.m. daily. 15. Business Operational Hours: The hours of operation for the convenience market and gasoline station shall be restricted to 6:00 a.m. to 12:00 a.m. (daily). Car wash Planning Commission Resolution No. 3711 PLN2005-164 -- 2855 S. Winchester Boulevard -- Use Permit - Valero Page 6 hours shall be restricted to the 6:00 a.m. to 8:00 p.m. and gasoline tank deliveries shall be restricted to the hours of 6:00 p.m. to 12:00 a.m. 16. Parkinq and Drivewavs: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. Building Division 17. Permits Required: A building permit application shall be required for each proposed new structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 18. Plan Preparation: This addition may require 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. 19. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 20. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 inches by 36 inches. 21. 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. 22. Title 24 EnerQV Compliance: California Title 24 Energy Compliance forms CF-1 R and MF-1 R shall be blue-lined on the construction plans. 8% X 11 calculations shall be submitted as well. 23. Special Inspections: When a special inspection is required by U.B.C. Section 1701, 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 U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 24. Pollution Prevention: 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. Planning Commission Resolution No. 3711 PLN2005-164 -- 2855 S. Winchester Boulevard -- Use Permit - Valero Page 7 25. Title 24 Accessibilitv - 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. 26. Title 24 Accessibilitv - Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell "20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 27. P.G.&E.: The applicant is advised to contact P.G.&E. 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. The applicant should also consult with P.G.&E. concerning utility easements, distribution pole locations and required conductor clearances. 28. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. Santa Clara County Fire Department Public Works Department: 29. Preliminary Title Report: Prior to issuance of any grading or building permits for the site, the applicant shall provide a current Preliminary Title Report. 30. Street Improvements: 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: Winchester Boulevard and Sunnyoaks A venue: a. Show location of all existing utilities within the new and existing public right of way. b. Relocation of all existing utilities including utility boxes, covers, poles, etc., outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area. c. Removal of the existing driveway approaches, related sidewalk, curb and gutter and the handicap ramp at the corner of Winchester Boulevard and Sunnyoaks Avenue. d. Construction of ADA compliant driveway approaches, curb, gutter, and a 10-foot sidewalk along Winchester Boulevard and Sunnyoaks Avenue as necessary. Planning Commission Resolution No. 3711 PLN2005-164 -- 2855 S. Winchester Boulevard -- Use Permit - Valero Page 8 e. Construction of ADA compliant ramp at the corner of Winchester Boulevard and Sunnyoaks Avenue. f. Replacement of existing underground utilities, boxes and meters as necessary. g. Installation of traffic control, stripes and signs as determined by the City Engineer. h. Installation of street trees and irrigation at 30 feet on center. L Construction of conforms to existing public and private improvements, as necessary. 31. Occupancy: Prior to allowing occupancy 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. 32. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of-way line. 33. Utilities: All new on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 34. Utilitv 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. 35. 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. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. Winchester Boulevard has been overlaid in 2001 while Sunnyoaks Avenue has not been overlaid during the last five years. 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. 36. GradinQ & DrainaQe Plan: 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. Planning Commission Resolution No. 3711 PLN2005-164 -- 2855 S. Winchester Boulevard -- Use Permit - Valero Page 9 37. 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. 38. Stormwater Pollution Prevention Measures: 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 (UCA 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. a. Upon submission of the street improvement plans, the applicant shall calculate and submit to the City the amount of impervious surface created by the development. b. The applicant's designer or engineer shall submit the required certification for sizing, selection, and preliminary design of treatment BMP's for the project site to meet the requirements of the City of Campbell's NPDES permit, No. 01-119, Provision C.3. c. The applicant shall comply with the requirements of the NPDES Construction General Permit. d. The applicant shall also comply with any other or new conditions as required by the City of Campbell's most current NPDES permit. 39.As Built Drawinos: Prior to occupancy, a qualified BMP certifier is required to inspect the stormwater management facilities, submit a complete set of as-built drawings to Public Works Engineering, and certify on these drawings that: a. The stormwater management facilities were constructed in compliance with the approved plans. b. The as-built drawings show all pertinent constructed dimensions, elevations, shapes, and materials; c. All variations in construction from the approved design plan have been identified, including omissions to and additions from the approved plan; and d. Any changes are in conformance with local, state, or federal regulations. Planning Commission Resolution No. 3711 PLN2005-164 -- 2855 S. Winchester Boulevard -- Use Permit - Valero Page 10 40. Covenants for the Operation and Maintenance of Stormwater Facilities: Prior to occupancy, the applicant shall sign the "Covenants for the Operation and Maintenance of Stormwater Facilities". 41. BMPs for Gas Stations or Equipment Fuelinq Facilities: Please revise the site plan and submit all required documentation as follows: a. Show BMP Treatment measures. b. Show grading of PCC around fueling area. c. Show grade break to separate fueling area and prevent storm water run-on into the fueling area. d. Prepare a spill clean-up plan in accordance with the Santa Clara County fire code. e. Stencil all on-site storm drains. f. Submit utility plan to show drainage of storm water and waste water from car wash. g. Upon submission of the street improvement and grading and drainage plans, the applicant shall calculate and submit to the City the amount of impervious surface created or replaced by the proposed development. h. Upon submission of the grading and drainage plan, the applicant's designer or engineer shall also submit the required certification for sizing, selection, and preliminary design of treatment BMP's for the project site to meet the requirements of the City of Campbell's NPDES permit, No. 01-119, Provision C.3. i. The applicant shall comply with the requirements of the State General Construction Activity Permit including submission of the Storm Water Pollution Prevention Plan (SWPPP) and the Notice of Intent. j. The applicant shall also comply with any other or new conditions as required by the City of Campbell's NPDES permit. 42. BMP Certification - Occupancy: Prior to allowing occupancy for any and/or all buildings, the applicant shall have a qualified BMP certifier inspect the stormwater management facilities, submit a complete set of as-built drawings to Public Works Engineering, and certify on these drawings that: a. The stormwater management facilities were constructed in compliance with approved plans; b. The as-built drawings show all pertinent constructed dimensions, elevations, shapes, and materials; c. All variations in construction from the approved design plan have been identified including omissions to and additions from the approved plan; d. Any changes are in conformance with local, state, or federal regulations; and, Planning Commission Resolution No. 3711 PLN2005-164 -- 2855 S. Winchester Boulevard -- Use Permit - Valero Page 11 e. Sign the "Covenants for the Operation and Maintenance of Stormwater Facilities". PASSED AND ADOPTED this 28th day of March, 2006, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Alderete, Doorley, Ebner, Gibbons and Roseberry None Francois and Rocha None APPROVED~( 0--- .4/ '----(. '. _BOb Alderete, Chair ATTEST~ ~V~ Sharon Fierro, Secretary Commissioners: Commissioners: Commissioners: Commissioners: