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PC Res 3019RESOLUTION NO. 3019 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A PLANNED DEVELOPMENT PERMIT TO ALLOW THE ESTABLISHMENT OF A SERVICE STATION (THREE GAS PUMP ISLANDS) AND A 2,000 SQUARE FOOT CONVENIENCE STORE WITH OFF-SALE BEER AND WINE LICENSE ON PROPERTY LOCATED AT 921 W. HAMILTON AVENUE, IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT. FILE NO. PD 95-03. After notification and Public Hearing, as specified by law, on the application of Mr. Ahmad Mohazab and, after presentation by the City Staff, proponents and opponents, the hearing was dosed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to File No. PD 95-03: An Initial Study was prepared for this project and it was determined that the project will not have a significant environmental effect because mitigation measures in the form of conditions of approval have been incorporated into the project. The proposed project consists of a gasoline station and convenience store in a Planned Development zoning district, and is consistent with the Land Use Element of the General Plan. The proposed project is consistent and compatible with other developments and uses in the surrounding area. The proposed project is not anticipated to significantly increase vehicle trips or traffic congestion. The project is of an appropriate scale and design and is compatible with the existing commercial development in the area. The proposed convenience store with off-sale beer and wine sales will not result in an over concentration of such uses in the area. The proposed use is essential to the public convenience and necessity of the community. The proposed off-sale beer and wine sales during standard business hours of 6:00 a.m. and 11:00 p.m. is compatible with the proposed use on the site and in the uses in the vicinity of the subject site. Planning Commission Resolution No. 3019 PD 95-03 -- 921 W. Hamilton Avenue - Ahmad Mohazab Page 2 The site will be adequately served by parking as the number of provided parking meets the required parking requirements. 10. The proposed uses on the site will only operate between the hours of 6:00 a.m. and 11:00 p.m. 11. The off-sale beer and wine sales is incidental to the main uses of the property as a convenience store and gasoline station. 12. The convenience store with an off-sale beer and wine license will not create a nuisance due to noise, litter, vandalism, traffic or other factors. 13. The convenience store with an off-sale beer and wine license will not significantly disturb the peace and enjoyment of nearby residential neighborhoods. 14. The convenience store with an off-sale beer and wine license will not significantly increase the demand on city services. 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 the property and improvements in the neighborhood or to the general welfare of the City. The proposed project will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. The proposed project will result in a more desirable environment and use of land than would be possible under any other zoning classification. The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the Ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition. 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 spedfied. Planning Commission Resolution No. 3019 PD 95-03 - 921 W. Hamilton Avenue -- Ahmad Mohazab Page 3 PLANNING DEPARTMENT Approved Project: Approval is granted for the establishment of a gasoline station with three (3) pump islands and a 2,000 square foot convenience store with an off-sale beer and wine license in an existing building located at 921 W. Hamilton Avenue. Project approval shall substantially comply with the project plans and materials board prepared and submitted by Tecta Associates, stamped and dated as received by the Community Development Department on February 21, 1996, except as herein modified with additional redlined corrections. Applicant shall submit revised plans incorporating redlined corrections prior to issuance of a building permit. e Building Division Requirements: A. Applicant shall obtain any permits deemed necessary by the Building Offidal and/or required by the Uniform Building Code. B. The applicant shall comply with the 1991 Uniform Building Code, Section 702(c) for canopy construction. Ce The canopies over the fuel pumps must be of non-combustible construction; the canopies shall be a minimum of 13'6" above the lowest projecting element in the drive-through. De Approved plastic panels may be installed in canopies; a maximum of 1,000 square feet total or a maximum of 100 square feet for each panel (UBC 2603.13) is permitted. Ee A one-hour occupancy separation is required between the store and the pumps if: i. There is only one exit from the store or ii. The pumps are less than 20 feet from the store (UBC 311.2.3.2). Tenant improvements in the City of Campbell must be stamped and signed by a licensed architect or engineer. Planning Commission Resolution No. 3019 PD 95-03 - 921 W. Hamilton Avenue - Ahmad Mohazab Page 4 Site and Architectural Approval Expiration: The Site and Architectural approval (PD 95-03) or this project is valid for a period of one year from the Planning Commission approval. All conditions of approval specified herein must be completed within one year from the date of approval or the permit shall be void. The applicant shall provide a minimum five (5) foot landscape buffer behind the new sidewalk along W. Hamilton Avenue as herein modified by the redlined correction on the site plan. The proposed driveway widths, both on W. Hamilton Avenue and Marathon Drive, shall be reduced to 30 feet with 10 foot minimum radius returns at the curb. The landscape buffer behind the sidewalk along W. Hamilton Avenue shall be extended to line up with the driveway. C The applicant shall rearrange the proposed parking along the northerly property line so that the parking is perpendicular to the northerly property line and a landscape buffer with 24" box trees is provided between the parking and the adjacent apartment development. De The applicant shall provide an 8 foot high masonry wall along the northerly property line terminating approximately 15 feet from its intersection with the Marathon Drive right-of-way. The proposed canopy structure shall be modified to provide three roof sections to reduce the massing of the proposed canopy. The proposed City monument sign shall be deleted from the applicant's proposal. Site Plan The site plan shall be in accordance with the recommendation of the Traffic Engineer to allow for one driveway on Marathon Drive and one driveway on Hamilton Avenue. The pump island locations shall be aligned parallel to the existing on-site building. Planning Commission Resolution No. 3019 PD 95-03 -- 921 W. Hamilton Avenue -- Ahmad Mohazab Page 5 9e Ce The applicant shall submit revised plans showing modification of the landscaped buffer around the southern most pump island canopy and an extension of the street improvements for W. Hamilton Avenue adjacent to the driveway on W. Hamilton Avenue, as herein modified by the redlined corrections on the site plan, prior to issuance of a building permit. Elevations Ae The applicant shall provide a three-dimensional perspective of the building and pump island canopies from the W. Hamilton Avenue frontage and of the trellis patio area on the existing building prior to issuance of a building permit. The applicant shall make the roof pitch and fascia of the pump island canopies consistent to match with the roof pitch and fascia of the existing building to provide additional uniformity between the structures as redlined on the elevation plan. Development Schedule: Applicant shall begin construction within one year of final approval. Parking & DrivewaYs: All parking and driveways shall be developed in accordance with Chapter 21.50 of the Campbell Municipal Code including parking modifications as approved by the City. Dedication to the City: Prior to issuance of any building permits for the site, the applicant/property owner(s) shall dedicate additional right-of- way along Hamilton Avenue to accommodate the required installation of the City Streetscape Standards. Applicant/property owner(s) shall provide all documents necessary to record this dedication, including a deed, legal description, exhibits and preliminary title report. Public Street Improvements: Prior to issuance of any building permits for the site, the applicant shall prepare plans, pay fees, post securities, and provide insurance as required to obtain an encroachment permit to construct public street improvements as required by the City Engineer. All work must comply with the City of Campbell Standard Specifications and Details for Public Works Construction. Public street improvement plans shall be prepared by a registered Civil Engineer licensed in the State of California, and shall include the following: Planning Commission Resolution No. 3019 PD 95-03 -- 921 W. Hamilton Avenue -- Ahmad Mohazab Page 6 10. 11. A. Remove and construct all new curbs, gutters, sidewalks and driveways on Hamilton Avenue and Marathon Drive. Street trees and sidewalk on Hamilton Avenue shall be constructed in accordance with the City of Campbell's Streetscape Standards. Ce A new handicap ramp shall be installed on the northwest comer of Hamilton Avenue and Marathon Drive. Three (3) new street lights, including conduits and conductors (two on Hamilton Avenue and one on Marathon Drive) shall be installed in accordance with the City of Campbell Street Lighting Policy. Existing street lights shall be removed from the site. The location of the new street lights shall be coordinated with the location of the new street trees and will be subject to the approval of the Community Development Department and Public Works Department. Install street trees and tree wells in the public right-of-way at approximately 40 feet on center along Marathon Drive in accordance with the City of Campbell's Standard Specifications and Details for Public Works Construction. The type of street trees proposed must be listed in the City's approved street tree list and is subject to review and approval by the Community Development Department and Public Works Department. Completion of Public Street Improvements: Prior to issuance of occupancy for the site, all public street improvements for the Hamilton Avenue and Marathon Drive frontage, as required by the encroachment permit must be complete and accepted by the City Engineer. In addition, the applicant must provide security for the Faithful Performance of the Maintenance Period. Underground Utilities: A. All new on-site utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall provide evidence from all utility companies that the application as proposed can be served. Applicant shall comply with all plan submittals, permitting, and fee requirements of the servicing utility company. Planning Commission Resolution No. 3019 PD 95-03 -- 921 W. Hamilton Avenue -- Ahmad Mohazab Page 7 12. 13. 14. 15. Bo Applicant shall submit a Utility Coordination Plan and Schedule for approval by the City Engineer for installation of all utilities. The plan shall minimize the damage to all public facilities. Grading and Drainage Plans: Prior to issuance of any building permits for the site, the applicant shall conduct hydrology studies, as necessary, prepare grading and drainage plans, pay fees required to obtain necessary grading permits and install all necessary drainage facilities in accordance with the approved grading and drainage plans. A complete topography map must be provided, including 15 feet of the adjacent properties. Drainage plans shall also include existing conditions on adjacent properties within 15 feet of the property line. Plans may include an on- site drainage inlet, 12" lateral to the existing storm drain in Marathon Drive, and construction of a new storm drain manhole on the existing storm drain, the condition may be modified as required by the approved grading and drainage plan and as determined by the City Engineer. Storm Drain Area Fee: Prior to issuance of any permits for the site, the applicant shall pay the then current Storm Drain Area Fee. The current fee is $2,500 per acre. Central Fire Department Requirement:. A. The trash enclosure shall be located a minimum of five (5) feet from the exterior wall of the building unless the enclosure is protected with an approved automatic fire sprinkler system. Be Removal, installation or modification of dispensers, dispenser islands, piping connected thereto, or other hazardous materials containers or equipment shall be in accordance with plans to be submitted, reviewed and approved the Hazardous Materials Specialist. Such work shall not be done without permit. Landscaping: A. The applicant shall submit a final landscape and irrigation plan in compliance with the City's standards, including the Streetscape Standards for Hamilton Avenue and the Water Efficient Landscaping Standards. Planning Commission Resolution No. 3019 PD 95-03 - 921 W. Hamilton Avenue - Ahmad Mohazab Page 8 16. 17. 18. 19. 20. The final landscape and irrigation plan shall include the type and size of plant materials to be used and shall be reviewed and approved by the Community Development Director before the issuance of any building permits. Ce The final landscape and irrigation plan shall also include a landscape buffer along the northern property line to include the addition of 24" box trees. There shall be two clusters of three 24" box trees within the landscape buffer along the northern property line to provide additional screening. ABC License Approval: Applicant shall obtain approval of a beer and wine license from the State of California Department of Alcohol Beverage Control prior to establishing off-sale beer and wine sales. Hours of Operation: Hours of operation are permitted from 6:00 a.m to 11:00 p.m. daily. Lighting Plan: The applicant shall submit details on the location and type of on-site lighting for review and approval of the Community Development Director prior to the issuance of building permits. Lighting shall not spillover onto adjoining properties. Equipment Screening: All roof-mounted and ground level mechanical equipment which are visible from the public right-of-way shall be screened subject to the approval of the Community Development Director. Trash Enclosure: A. Trash containers of a size and quantity necessary to serve the project shall be located in areas approved by the Central Fire District. Unless otherwise noted, enclosures shall consist of a concrete floor surrounded by a solid wall or fence and have self-closing doors of a size spedfic by the Central Fire District. All enclosures are to be constructed at grade level and have a level area adjacent to the trash enclosure area to service these containers. B. The applicant shall submit an elevation of the proposed trash enclosure. Planning Commission Resolution No. 3019 PD 95-03 - 921 W. Hamilton Avenue -- Ahmad Mohazab Page 9 21. 22. 23. 24. Garbage Collection: Ordinance No. 782 of the Campbell Municipal Code stipulates that any contract for the collection and disposal of refuse, garbage and rubbish produced within the limits of the City of Campbell shall be made with Green Valley Disposal Company. Reciprocal Driveway Covenant: The applicant(s)/property owner(s) shall agree to discuss the possibility of entering into a reciprocal ingress/egress easement with the adjoining properties, at such time in the future as the adjoining property owner(s) agrees to provide the same easement(s) to the subject property. Maintenance of Landscaping: Upon completion of the landscaping, the maintenance of the parkway along Hamilton Avenue is the sole responsibility of the applicant/property owner. All landscaping shall be maintained in healthy, growing condition. Any plants or trees that die shall be replaced by a similar species, subject to the approval of the Community Development Director. Construction Mitigation Measures: A. Appropriate construction measures shall be taken to ensure that dust emissions are controlled regularly. Mitigation measure include: Be Watering of disturbed and exposed soils in the construction ii. Watering of areas of digging and grading operations. iii. Suspension of grading or other dust-producing activities during periods of high wind when dust is readily visible in the air. iv. Watering or covering stockpiles of soil, debris, or other dust- produdng materials. v. Sweeping daily the construction area and surrounding streets. The proposed project will be limited to construction working hours per City Code from 8:00 a.m. to 5:00 p.m., Monday through Fridays, and from 9:00 a.m. to 4:00 p.m. on Saturdays. No construction will be allowed on Sundays or holidays. Planning Commission Resolution No. 3019 PD 95-03 -- 921 W. Hamilton Avenue -- Ahmad Mohazab Page 10 C. The applicant shall comply with all air quality standards. Signs: A sign application shall be submitted to the Community Development Department in accordance with provisions for the Sign Ordinance for all signs. No sign shall be permitted until the application is approved and a permit is issued. 26. Americans with Disabilities ACt: All improvements shall conform to the requirements of the Americans with Disabilities Act. 27. Wall Details A. The applicant shall provide details of the eight (8) foot high concrete wall to be constructed along the northern and western perimeter of the project site to the Community Development Director for review and approval prior to issuance of a building permit. The landscape buffer adjacent to the wall shall include vines to grow onto the walls. 28. Santa Clara Valley Water DistriCt: The applicant shall coordinate with the SCVWD's Fuel Leaks Local Oversight Program for the regulatory overseeing of the underground storage tanks. 29. Six Month Review: A review of the use shall be conducted by the City Council six months after the commencement of off-sale beer and wine sales. PASSED AND ADOPTED this 27th day of February, 1996, by the following roll call vote: AYES: Commissioner: Alne, Jones, Kearns, Lindstrom, Lowe, Meyer-Kennedy NOES: Commissioner: Alne ABSENT: Commissioner: None ABSTAIN:Commissioner: None Steve PianO, ~eta~