PC Res 3960RESOLUTION NO. 3960
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL APPROVING A MODIFICATION
(PLN2009-96) TO A PREVIOUSLY APPROVED CONDITIONAL
USE PERMIT (UP 83-07) TO ALLOW LATE NIGHT OPERATION OF
AN EXISTING ARCO SERVICE STATION (CONVENIENCE
MARKET AND SERVICE PUMPS) ON PROPERTY OWNED BY BP
WEST COAST PRODUCTS LOCATED AT 1860 W. CAMPBELL
AVENUE IN A C-1-S (NEIGHBORHOOD COMMERCIAL) ZONING
DISTRICT. APPLICATION OF MR. JONATHAN RAMOS, STANTEC
ARCHITECTURAL INC., ON BEHALF OF BP WEST COAST
PRODUCTS. FILE NO.: PLN2009-96.
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 PLN2009-96:
1. At its regular meeting of July 26, 1983, the Planning Commission adopted Resolutions
No. 2218 approving a Conditional Use Permit (UP 83-07), allowing the construction of a
mini-market and service station and approval of off-sale of beer & wine. The approved
Conditional Use Permit did not specify allowable hours of operation.
2. To the best of the City's knowledge, the subject service station and mini-market has
operated 24-hours daily since its establishment in 1983.
3. The subject property is classified by the City of Campbell Zoning Map as C-1
(Neighborhood Commercial), subject to the provisions of Campbell Municipal Code
(CMC) § 21.10.040 pertaining to lands classified as C-1 (Neighborhood Commercial).
4. Campbell Municipal Code § 21.10.040 indicates that "late night activities," defined in
part by CMC § 21.72.020 as "land use activities operating between the hours of 11:00
PM and 6:00 AM.... ," shall only be permitted in the C-1 (Neighborhood Commercial)
Zoning District with approval of a Conditional Use Permit allowing such use.
5. On April 3, 2001 the City Council adopted Ordinance No. 2002, requiring that all late-
night uses obtain a Conditional Use Permit to allow late-night operation. The ordinance
specified an amortization period of 24 months from the latter of the effective date of the
ordinance or the date the use became non-conforming. After such time, existing uses
with late-night activities would have to come into compliance with the ordinance by
either ceasing operation between the hours of 11:00 PM to 6:00 AM or by applying for a
Conditional Use Permit to allow activity during these hours.
6. The approval of late night operations and extension of salable hours of alcoholic
products (beer & wine) are permitted in the C-1 (Neighborhood Commercial) Zoning
District with approval of a Conditional Use Permit.
Planning Commission Resolution No. 3960
PLN2009-96 - 1860 W. Campbell Avenue -Modification to Use Permit -Late Night Hours
Page 2
7. The project site consists of a 21,869 square-foot site, with a 2,849 square-foot retail
building (mini-market) and four fueling islands.
8. The project site is located on the southwest corner of West Campbell Avenue and
Fulton Street.
9. The project site abuts multi-family residential uses to the west and south, and is
adjacent to the single-family residential uses to the north and commercial uses to the
east.
10. The site has seven existing parking spaces, not including queuing spaces located
within the fueling area.
11. The application for late night operations does not include an expansion of the use nor
another change that would incur a greater parking demand.
12. The Police Department has no objections to this application.
13. Business/operational hours shall be allowed between 6 a.m. and 2 a.m. the following
morning. Monday through Sunday.
14. The sale of alcoholic products shall be limited to the hours permitted by the State of
California.
15. To limit the impact of the requested late night operation, conditions of approval will
restrict the operation of the use with the respect to noise, lighting, and deliveries.
16. The project qualifies as a Categorically Exempt project per Section 15301 of the
California Environment Quality Act (CEQA), pertaining to the operation of an existing
private structure involving negligible or no expansion of use beyond that existing at the
time of the lead agency's determination.
Based upon the foregoing findings of fact, the Planning Commission further finds and
concludes that:
1. Conditional Use Permit UP 83-07 did not permit or otherwise allow late night operation
of the subject service station and convenience market. Pursuant to the amortization
requirement indicated by Ordinance No. 2002, the subject service station and
convenience market, operating pursuant to Conditional Use Permit UP 83-07, is
permitted operation only during the hours of 6:00 AM to 11:00 PM, unless a
Modification to the Conditional Use Permit is granted allowing continued late night
operation.
2. Approval of late night operational hours, as permitted and conditioned, will not
detrimentally impact adjacent or abutting residences.
Planning Commission Resolution No. 3960
PLN2009-96 - 1860 W. Campbell Avenue -Modification to Use Permit -Late Night Hours
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3. The proposed project is consistent with the General Plan and Zoning Ordinance.
4. The establishment, maintenance, or operation of the use 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.
5. The proposed use is compatible with the uses in the area.
6. The subject 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.
7. The subject site is adequately served by streets of sufficient capacity to carry the kind
and quantity of traffic such uses would generate.
8. The proposed project will aid in the enhancement and the harmonious development of
the immediate area.
9. The extension of salable hours of alcoholic products does not constitute an over
concentration of such uses in the area.
10. The continued establishment of a general off-sale beer & wine license will not result in
an over concentration of such uses in the area, create a nuisance due to litter, noise,
traffic, vandalism, or other factors, significantly disturb the peace and enjoyment of the
nearby residential neighborhood, or significantly increase the demand on City services.
11. There is a reasonable relationship and a rough proportionality between the conditions
of approval and the impacts of the project.
12. 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.
THEREFORE, BE IT RESOLVED that the Planning Commission approves a Modification
(PLN2009-96) to a previously approved Conditional Use Permit (UP 83-07) to allow late
night operation of an existing ARCO Service Station (convenience market and service
pumps) on property owned by BP West Coast Products located at 1860 W. Campbell
Avenue in a C-1-S (Neighborhood 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
Planning Commission Resolution No. 3960
PLN2009-96 - 1860 W. Campbell Avenue -Modification to Use Permit -Late Night Hours
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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. Declaration of Acceptance of All Conditions: Within thirty (30) days of Planning
Commission approval, the applicant and property owner shall sign one (1) copy of the
subject Planning Commission Resolution, incorporating the final approved set of
Conditions of Approval. Until said Resolution is signed, the approved Modification to a
previously approved Conditional Use Permit shall not be valid for any permits sought
from the City.
Acknowledged 8~ Accepted:
Project Applicant Date
Property Owner Date
2. Approved Project: Approval is granted for a Modification (PLN2009-96) to a previously
approved Conditional Use Permit (UP 83-07) to allow hours of operation between 6
a.m. and 2 a.m. the following morning, Monday through Sunday, of an existing service
station and mini-market with off-sale of beer & wine on property located at 1860 W.
Campbell Avenue. The project shall substantially conform to project plans dated as
received by the Planning Division on July 13, 2009, and the written description dated as
received by the Planning Division on August 12, 2009, except as may be restricted by
the Conditions of Approval specified herein.
3. Supersession of Previous Conditions of Approval: Upon the effective date of the
Resolution approving this Modification (PLN2009-96), the previously approved
Conditions of Approval (UP 83-07) shall be void and shall permanently be superseded
in their entirety by the Conditions of Approval specified herein.
4. Transferability: Prior to sign off of a business license pursuant to this Modified
Conditional Use Permit to a new owner(s) of the subject business, said new owner(s)
shall be required to a sign the Planning Commission Resolution, incorporating the final
approved set of Conditions of Approval.
Planning Commission Resolution No. 3960
PLN2009-96 - 1860 W. Campbell Avenue -Modification to Use Permit -Late Night Hours
Page 5
5. Conditional Use Permit Approval Expiration: The Modified Conditional Use Permit
approval shall be valid in perpetuity with continued operation of the service station and
mini-market. Abandonment, discontinuation, or ceasing of operations for a continuous
period of twelve months shall void the Modified Conditional Use Permit approved
herein. Upon vacation of the Modified Conditional Use Permit, the use shall not be
reestablished.
6. Operational Restrictions: Late night operation of the subject service station and mini-
market shall be subject to the following restrictions. Significant deviations from these
restrictions, as determined by the Community Development Director, shall require
approval of a Modification to the Modified Conditional Use Permit approved herein:
a. Electronic Screens: Operation of existing electronic screens (video and/or audio)
shall only be allowed during the hours of 7:00 AM and 10:00 PM.
b. Lighting: All existing and new lighting shall conform to the City of Campbell
Lighting Design Standards (CMC § 21.18.090). Cut-off shields shall be installed on
overhead canopy lighting fixtures as indicated on Building Permit BLD2009-00279.
c. Gasoline Deliveries: Gasoline deliveries shall be limited to 7:00 AM to 10:00 PM,
daily.
d. Product Deliveries: All other product deliveries shall be limited to 6:00 AM to
10:00 PM, daily.
e. Pump Closure: Fueling pumps located on the westerly-most fueling island shall
be closed between the hours of 10 PM to 7 AM, daily.
f. Noise Control: Any noises, 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 subject use shall not be audible to a
person of normal hearing capacity from any residential property.
Property owner shall installed outdoor notices within the fueling area requesting
that customers limit excessive noise. Such notices shall be made of a durable
material, affixed in a permanent and secure manner, and shall be constructed and
installed to the satisfaction of the Community Development Director.
g. Outdoor Cleaning: All trash, normal clean up, site cleaning, and trash removal
shall only be done during the hours of 6 AM to 10 PM, daily.
h. Mechanical Equipment: Pursuant to the Campbell Municipal Code, operation of
power equipment (i.e. "power-washer"), shall be limited to the hours of 8:00 AM
and 7:00 PM Monday through Friday, and between the hours of 9:00 AM and 6:00
PM Saturday, Sunday and nationally recognized holidays.
Planning Commission Resolution No. 3960
PLN2009-96 - 1860 W. Campbell Avenue -Modification to Use Permit -Late Night Hours
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Employee Notice: Property owner shall post in a conspicuous place, visible to all
store employees, a notice of all applicable time restrictions specified herein. Such
notice shall be made of a durable material, affixed in a permanent and secure
manner, and shall be constructed and installed to the satisfaction of the
Community Development Director.
Training Requirement: The owner and all station employees shall be required to
undergo training on the management of challenging patrons. A certificate of
completion documenting said training is to be issued by an accredited training
organization and provided to the Community Development Director.
7. Revocation of Permit: In the event credible complaints are received by the City of
violations of these conditions of approval or any applicable law, 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.
8. Selling of Alcohol: The continued selling of alcoholic products shall be subject to the
following restrictions:
a. The sale of alcoholic products shall be limited to the hours permitted by the State of
California.
b. The applicant shall maintain in good standing the appropriate off-sale beer & wine
license from the State Department of Alcoholic Beverage Control for the sale of beer
& wine products.
9. 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.
10.Outdoor Storage: 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.
COUNTY FIRE DEPARTMENT
11. Fire Extinguisher: All portions of the retail building shall be within 75 feet of a fire
extinguisher. The minimum size of the extinguisher shall be 2-A:10-BC.
12. Trash Enclosure: If the trash enclosure is not currently protected, provide a sprinkler
head to fully cover the trash container(s), as this enclosure is within 5 ft. of the building.
The sprinkler can be provided from the domestic water service, if the building does not
have a sprinkler system.
Planning Commission Resolution No. 3960
PLN2009-96 - 1860 W. Campbell Avenue -Modification to Use Permit -Late Night Hours
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13. Exit Doors: Exit doors shall be operable from the inside without the use of a key, thumb
turn, or any special knowledge or effort. Manually operated edge- or surface mounted
flush bolts and surface bolts shall not be used on exit doors.
PASSED AND ADOPTED this 25th day of August, 2009, by the following roll call vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
,~
Alderete, Alster, Ebner, ,Gibbons, Rocha and Roseberry
None
Gairaud
None
APPROVED:
ATTEST: ~ ~
Kirk H mrichs, ecretary