CC Resolution 8952
RESOLUTION NO. 8952
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL APPROVING 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 closed.
After due consideration of all evidence presented, the City Council did find as
follows with respect to File No. PD 95-03:
1. 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.
2. 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.
3. The proposed project is consistent and compatible with other
developments and uses in the surrounding area.
4. The proposed project is not anticipated to significantly increase vehicle
trips or traffic congestion.
5. The project is of an appropriate scale and design and is compatible with
the existing commercial development in the area.
6. The proposed convenience store with off-sale beer and wine sales will
not result in an over concentration of such uses in the area.
7. The proposed use is essential to the public convenience and necessity of
the community.
8. 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.
City Council Resolution No.
PD 95-03 - 921 W. Hamilton A venue - Ahmad Mohazab
Page 2
9. 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 City Council further finds and
concludes that:
1. 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.
2. The proposed project will be compatible with the General Plan of the City
and will aid in the harmonious development of the immediate area.
3. 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 specified.
City Council Resolution No.
PD 95-03 - 921 W. Hamilton Avenue - Ahmad Mohazab
Page 3
PLANNING DEPARTMENT
1. 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.
2. Building Division Requirements:
A. Applicant shall obtain any permits deemed necessary by the
Building Official 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.
C. 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.
D. 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.
E. 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).
F. Tenant improvements in the City of Campbell must be stamped and
signed by a licensed architect or engineer.
City Council Resolution No.
PD 95-03 - 921 W. Hamilton A venue -- Ahmad Mohazab
Page 4
3. 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.
A. 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.
B. 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.
D. 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.
E. The proposed canopy structure shall be modified to provide three
roof sections to reduce the massing of the proposed canopy.
F. The proposed City monument sign shall be deleted from the
applicant's proposal.
4. Site Plan
A. 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 A venue.
B. The pump island locations shall be aligned parallel to the existing
on-site building.
City Council Resolution No.
PD 95-03 - 921 W. Hamilton Avenue -- Ahmad Mohazab
Page 5
C. 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.
5. Elevations
A. 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.
B. 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.
6. Development Schedule: Applicant shall begin construction within one
year of final approval.
7. 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.
8. 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 A venue to accommodate the required installation
of the City Streets cape Standards. Applicant/property owner(s) shall
provide all documents necessary to record this dedication, including a
deed, legal description, exhibits and preliminary title report.
9. 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:
City Council Resolution No.
PD 95-03 - 921 W. Hamilton Avenue - Ahmad Mohazab
Page 6
A. Remove and construct all new curbs, gutters, sidewalks and
driveways on Hamilton Avenue and Marathon Drive.
B. Street trees and sidewalk on Hamilton Avenue shall be constructed
in accordance with the City of Campbell's Streetscape Standards.
C. A new handicap ramp shall be installed on the northwest comer of
Hamilton A venue and Marathon Drive.
D. 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.
E. 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.
10. 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.
11. 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.
City Council Resolution No.
PD 95-03 - 921 W. Hamilton Avenue - Ahmad Mohazab
Page 7
B. 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.
12. 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.
13. 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.
14. 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.
B. 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.
15. 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.
City Council Resolution No.
PD 95-03 - 921 W. Hamilton Avenue - Ahmad Mohazab
Page 8
B. 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.
C. 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.
16. 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.
17. Hours of Operation: Hours of operation are permitted from 6:00 a.m to
11:00 p.m. daily.
18. 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.
19. 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.
20. 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 specific 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.
City Council Resolution No.
PD 95-03 - 921 W. Hamilton Avenue -- Ahmad Mohazab
Page 9
21. 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.
22. 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.
23. 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.
24. Construction Mitigation Measures:
A. Appropriate construction measures shall be taken to ensure that
dust emissions are controlled regularly. Mitigation measure
include:
i. Watering of disturbed and exposed soils in the construction
area.
ii. Watering of areas of digging and grading operations.
Hi. 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-
producing materials.
v. Sweeping daily the construction area and surrounding streets.
B. 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.
City Council Resolution No.
PD 95-03 - 921 W. Hamilton Avenue - Ahmad Mohazab
Page 10
C. The applicant shall comply with all air quality standards.
25. 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.
B. 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 SCVWIYs 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 19~th day of
following roll call vote:
March
---,
1996, by the
AYES: COUNCILMEMBERS: Burr, Conant, Dougherty
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Watson
ABST AIN: COUNCILMEMBERS: None
APPROVED: i-~'
~ bJ/ Ro IS.Dog
ATTEST: ~
Anne Bybee, City Clerk