PC Res 3803
RESOLUTION NO. 3803
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A MODIFICATION (PLN2007-24)
TO A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT
(PLN2005-164) FOR THE REMODEL OF AN EXISTING SERVICE
STATION TO ACCOMMODATE A CAR WASH, CONVENIENCE
MARKET WITH BEER AND WINE LICENSE AND 24-HOUR
OPERATIONAL HOURS ON PROPERTY OWNED BY DARIANI
ENTERPRISES, INC., LOCATED AT 2855 S. WINCHESTER
BOULEVARD IN A C-2-S (GENERAL COMMERCIAL) ZONING
DISTRICT. APPLICATION OF MR. RAMIN DARIANI, ON BEHALF
OF DARIANI ENTERPRISES, INC. FILE NO: PLN2007-24.
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 PLN2007 -24.
1. The proposed convenience market, pumping stations, car wash and late night
operational hours are 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 3,060 sq ft. one story building accommodating a
convenience market, car wash and a canopy over a new pumping station with five
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 subject property is located on the southwest corner of West Sunnyoaks Avenue
and South Winchester Blvd.
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. 3803
PLN2007-24 - 2855 S. Winchester Boulevard -- Modification to Use Permit
Page 2
9. The hours of operation of the convenience store and gasoline station shall be 24
hours a day and gasoline delivery trucks shall be limited to the hours of 6:00 p.m. to
12:00 a.m. The operational hours of the car wash shall be limited to the hours 6:00
a.m. to 8:00 p.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).
11. The store qualifies as a grocery store as the owner plans to sell a sizeable
assortment of fresh fruits and vegetables.
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 create a nuisance due to litter, noise, traffic, vandalism, or
other factors.
4. The establishment will not significantly disturb the peace and enjoyment of the
nearby residential neighborhood.
5. The establishment will not significantly increase the demand on City services.
6. 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.
7. 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.
8. 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.
9. 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. 3803
PLN2007-24 - 2855 S. Winchester Boulevard -- Modification to Use Permit
Page 3
use, or be detrimental or InJUriOUS to property and improvements in the
neighborhood or to the general welfare of the City.
10. 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.
11. 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 grants a Modification
(PLN2007-24) to a previously approved Conditional Use Permit (PLN2005-164) for the
remodel of an existing service station to accommodate a car wash, convenience market
with beer and wine license and 24-hour operational hours on property owned by Dariani
Enterprises, Inc., 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 (PLN2007-24) to
allow the redevelopment of an existing service station to accommodate a 24-hour
convenience market with beer and wine sale, a new pumping station/canopy and car
wash on property located at 2855 S. Winchester Boulevard. The building and site
design shall conform to the project exhibits listed below, except as may be modified
by the conditions of approval herein:
a. Revised project plans prepared for Ramin Dariani, and received by the Planning
Division on April 19, 2007, including a site plan, floor plans, landscape plan, and
elevations.
b. Color/material board and colored elevation received by the Planning Division on
April 19, 2007.
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
Planning Commission Resolution No. 3803
PLN2007 -24 - 2855 S. Winchester Boulevard -- Modification to Use Permit
Page 4
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
consideration of revocation of the Conditional Use Permit by the Planning
Commission.
4. Property 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: This application does not include an approval for signs. All future signs
shall be reviewed pursuant to the Campbell Sign Ordinance (Chapter 21.30).
6. Landscape Plan: The applicant shall submit four sets of a landscape and irrigation
plans 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: Beer and wine sale for off-site consumption is only approved in
conjunction with convenience market if the determination is made that the proposed
market is a grocery store by the Planning Commission.
8. Decorative Pavement and Bollards: The applicant shall submit four sets of a site
plan depicting the following:
a. Upgraded decorative driveways shall be provided as depicted on the site plan.
The finish for the proposed driveways shall be reviewed and approved by the
Community Development Director prior to issuance of building permits.
b. Decorative bollards and a low screen wall shall be installed along the building
frontage or adjacent to the car wash driveway that are architecturally compatible
with the style and materials of the proposed building.
Planning Commission Resolution No. 3803
PLN2007-24 - 2855 S. Winchester Boulevard -- Modification to Use Permit
Page 5
9. Liohtino: The applicant shall submit four sets of a site plan depicting the following:
a. Location and detail of on-site lighting. Site lighting shall be designed to provide
safe and adequate illumination, while complying with the City of Campbell's
lighting design standards pursuant to CMC Section 21.16.060 (i.e. prevention of
off-site light intrusion).
10. 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.
11. Trash and Recvclino 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 Storaoe: 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.
b. Public Address System: An outdoor public address system is not permitted.
c. Noise Manaoement: 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.
Planning Commission Resolution No. 3803
PLN2007 -24 - 2855 S. Winchester Boulevard -- Modification to Use Permit
Page 6
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 allowed 24 hours a day. The operational hours of the
car wash shall be allowed from 6 a.m. to 8 p.m. Gasoline tank deliveries shall be
restricted to the hours of 6:00 p.m. to 12:00 a.m.
16. Parkinq and Driveways: All parking and driveway areas shall be maintained in
compliance with the standards in Chapter 21.28 (Parking & Loading) of the
Campbell Municipal Code.
17. Utility Underoroundino: All new on-site utilities shall be installed underground
pursuant to CMC Section 21.18.140.
Building Division
18. Permits Required: A building permit application shall be required for the proposed
demolition of the (e) service station. A separate building permit application shall be
required for the proposed new commercial structure. The building permit shall
include Electrical/Plumbing/Mechanical fees when such work is part of the permit.
19. 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.
20. Construction Plans: The conditions of approval shall be stated in full on the cover
sheet of construction plans submitted for building permit.
21. Size of Plans: The minimum size of construction plans submitted for building
permits shall be 24 inches by 36 inches.
22. 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. Site address and
parcel numbers shall also be clearly called out. Site parking and path of travel to
public sidewalks shall be detailed.
23. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the
Building Official, containing foundation and retaining wall design recommendations
shall be submitted with the building permit application. This report shall be prepared
by a licensed engineer specializing in soils mechanics.
Planning Commission Resolution No. 3803
PLN2007-24 - 2855 S. Winchester Boulevard -- Modification to Use Permit
Page 7
24. Title 24 Energy Compliance: California Title 24 Energy Compliance Standards 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.
25. 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.
26. Foundation inspections: A pad certificate prepared by a licensed civil engineer or
land surveyor shall be submitted to the project building inspector upon foundation
inspection. This certificate shall certify compliance with the recommendations as
specified in the soils report and according to approved plans. Horizontal and vertical
controls shall be set and certified by a licensed surveyor or registered civil engineer
for the follow items:
a. pad elevation
b. finish floor elevation (first floor)
c. foundation corner locations
27. 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.
28. 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.
29. Title 24 Accessibility - 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.
30. 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.
31.Approvals Reauired: The project requires the following agency approval prior to
issuance of the building permit:
a. West Valley Sanitation District
b. Santa Clara County Fire Department
Planning Commission Resolution No. 3803
PLN2007 -24 - 2855 S. Winchester Boulevard -- Modification to Use Permit
Page 8
c. Bay Area Air Quality Management District (Demolitions Only)
d. Santa Clara County Department of Environmental health
e. School District:
i. Campbell Union School district (378-3405)
ii. Campbell Union High School District (371-0960)
iii. Moreland School District (874-2900)
iv. Cambrian School District (377-2103)
Public Works Department:
32. Preliminary Title Report: Prior to issuance of any grading or building permits for the
site, the applicant shall provide a current Preliminary Title Report.
33. 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.
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.
34. 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.
Planning Commission Resolution No. 3803
PLN2007-24 - 2855 S. Winchester Boulevard -- Modification to Use Permit
Page 9
35. 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.
36. Underqroundino Street Frontaoe Utilities: All overhead utility lines along the project's
street frontages shall be installed or relocated underground per Section 21.18.140 of
the Campbell Municipal Code. Applicant shall comply with all utility applications, plan
submittals, permitting, and fee requirements of the serving utility companies. In lieu
of immediate undergrounding of the public street frontage, the applicant may elect to
execute an agreement to participate in an underground utility program, should the
City establish such a program within the next 7 years. The owner shall post the
required security of $82,500.00 with the City to ensure participation in the
underground utility program.
37. Utility 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.
38. 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.
39. Gradinq & Drainaoe 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.
40. 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.
41 . 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
Planning Commission Resolution No. 3803
PLN2007-24 - 2855 S. Winchester Boulevard -- Modification to Use Permit
Page 10
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 Storm water 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.
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.
42. Minimum BMPs for Gas Stations or Equipment Fuelino Facilities:
All new fueling stations or expansion of such uses shall include the following BMPs:
a. Installation and maintenance of a treatment control measure.
b. Paving the fueling area floors with an impermeable surface. (i.e., PCC or
equivalent smooth impervious surface.)
Planning Commission Resolution No. 3803
PLN2007 -24 - 2855 S. Winchester Boulevard -- Modification to Use Permit
Page 11
c. Cover the fueling areas with a canopy or cover that extends a minimum of ten
(10) feet in each direction from each pump. Alternatively, cover the fueling areas
with a canopy or cover that has minimum dimensions equal to or greater than the
area within the grade break or fuel dispensing area. (The fuel dispensing area is
defined as the area extending a minimum of 6.5 feet from the corner of each fuel
dispenser or the length at which the hose and nozzle assembly may be operated
plus a minimum of one foot, whichever is greater. In no case should the canopy
or cover drain onto the fueling area.)
d. Grade the fuel area with the minimum slope necessary to prevent water draining
toward the fueling area.
e. Grade the fuel area with the minimum slope necessary to prevent ponding.
f. Separate the fueling area from the rest of the site by a grade break that prevents
run-on of storm water to the maximum extent practicable.
g. Dry sweep the fueling area routinely.
h. Stencil all on-site storm drains in conformance with the City of Campbell's
requirements.
i. Prepare a spill cleanup plan in conformance with the Santa Clara County Fire
Code.
SANTA CLARA COUNTY FIRE DEPARTMENT
43. Required Fire Flow: The fire flow for this project is 1500 gpm at 20 psi residual
pressure. The adjusted fire flow is available from area water mains and fire
hydrant(s) which are spaced at the required spacing.
44. Fire Apparatus (Enqine) Access Roads Required: Provide access roadways with a
paved all weather surface, a minimum unobstructed width of 20 feet, vertical
clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside
and 23 inside. Installations shall conform to Fire Department Standard Details and
Specification sheet A-1.
45. Fire Lane Markino Required: Provide marking for all roadways within the project.
Markings shall be per fire department specifications. Installations shall also conform
to Local Government Standards and Fire Department Standard Details and
Specifications A-5.
46. Parkinq Alono Roadways: The required width of fire access roadways shall not be
obstructed in any manner and, parking shall not be allowed along roadways less
than 28 feet in width. Parking may be permitted along one side of roadways 28-35
feet in width. For roadways equal to or greater than 36 feet, parking will be allowed
on both sides of the roadway. Roadway widths shall be measured curb face to curb
face, with parking space based on an 8 foot width.
~
Planning Commission Resolution No. 3803
PLN2007-24 - 2855 S. Winchester Boulevard -- Modification to Use Permit
Page 12
47. Fuel Dispensino Devices: Any modification or new installation of fuel dispensing or
appurtenant devices shall receive full plan review input by this department reflecting
compliance with the 2001 California Fire Code. Consult as appropriate with
Hazardous Materials Specialist Richard Baker for additional information.
48. Premises Identification: Approved numbers or addresses shall be placed on all new
and existing buildings in such a position as to be plainly visible and legible from the
street or road fronting the property. Numbers shall contrast with their background.
PASSED AND ADOPTED this 24th day of April, 2007, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Comm issioners:
Commissioners:
Commissioners:
Alderete, Ebner, Francois, Gibbons and Rocha
None
Doorley and Roseberry
None 1 . /J 1/ Il_ /}
APPROVED:~ r~~
Michael Rocha, Chair
ATTEST: