REPORT TO PLANNING COMMISSION
SUBJECT
Title
PUBLIC HEARING: Action on a Conditional Use Permit and Variances (PLN23-00513) to Allow Expansion of an Existing Service Station by Removing a Portion of the Fuel Canopy and Two Fuel Dispensers, and by Adding a 1,605 square foot Convenience Store and Self-Service Carwash within the Rear Setback for the Store at 2455 Lawrence Expressway
Report
File No(s): PLN23-00513
Applicant: Surjait Bains
Property Owner: Gadri Corporation
General Plan: Neighborhood Commercial
Classic Zoning: CN - Neighborhood Commercial
Updated Zoning: C-N - Commercial-Neighborhood
Site Area: 0.42 acres (APN: 220-18-005)
Existing Site Conditions: The project site is developed with a service station with a large canopy covering six fuel dispensers and a small kiosk in the center of the property.
Surrounding Land Uses:
• North: Multi-Family - PD - Planned Development
• East: Convenience Store - C-N - Commercial-Neighborhood
• South: Multi-Family - R3 - Medium-Density Residential
• West: Multi-Family - R3 - Medium-Density Residential
Issues: Consistency with the General Plan and Zoning Ordinance.
Staff Recommendation: Deny the requested Conditional Use Permit and Variance for a self-service carwash within the rear setback.
BACKGROUND
At the Planning Commission hearing on January 15, 2025, the Commission considered the Conditional Use Permit and Variance (File No. PLN23-00513) for an existing service station to remove a portion of a fuel canopy and two fuel dispensers to install a new 1,605 square foot convenience store and a self-service carwash. The project was deemed complete on August 13, 2024, before the updated Zoning Map and changes to the Zoning Districts came into effect. The project is therefore subject to the Classic Code, which allowed Service Stations as a conditionally permitted use. The staff report for the January 15th hearing is included as Attachment 3.
After hearing testimony during the January 15, 2025, meeting, the Commission voted to continue the item to allow for the applicant to work with staff to resolve issues related to the proposal. The five main issues discussed by the Planning Commission, included: noise, landscaping, setbacks, hours of operations, and screening, since the project is immediately adjacent to residential uses.
DISCUSSION
Through coordination with staff, the applicant made the following updates to the proposal:
1. Increased the rear setback by one foot to one-foot-seven inches.
2. Added pervious pavers in the rear setback to aid with landscape growth and drainage.
3. Changed hours of operation to 6 am to 10 pm.
4. Added sound insulation in the proposed carwash to reduce noise.
Due to the updates, the project is now code compliant for the required shrub planter depth dimension. This reduced the requested variances from five to four variances as follows:
1. Reduced rear setbacks (20 feet required, 1 foot - 7 inches proposed)
2. Reduced landscaping planter depth along the street frontages (15 feet required, 5 to 10 feet proposed)
3. Reduced property line landscaping planter depth at the rear property line (5 feet required, 3 feet - 11 inches to 1 foot - 7 inches provided)
4. Reduced required landscaping density of screening and degree of shading
Per the Code definitions, the shorter frontage of a corner lot is the front of the lot and the opposite of the front of the lot is classified as the rear of the lot. Per the Classic Code, a rear setback of 20 feet is required at the rear of each lot that abuts a residentially zoned property. The project as revised, proposes a self-serve carwash at the rear of the lot closer to the residential development with a rear setback of one-foot-seven inches. The project proposes a varied five-to-ten-foot landscaping planter area along street frontages where a 15-foot-wide planter area is required adjacent to any property line along a public street per Classic Code. The project does not provide the required five-foot-deep rear planter as the proposed planter is varied between 3’-11” and 1’-7”. Lastly, per the Classic Code, Section 18.68.020 (a)(3) each planter area shall be landscaped with ground cover, screening shrubs and trees to accomplish a density of screening and degree of shading. Given all of the reduced setbacks, a density of landscaping is not able to be provided that would have screened headlights or other activity from adjacent uses and the right-of-way.
Consistency with the General Plan
The proposed expansion of the service station by including the self-serve carwash does not meet the City’s General Plan goals. Due to the proximity of the service station to existing residential, the addition of a 24-hour self-serve carwash could produce potential conflicts in surrounding neighborhoods such as noise, odor, and light pollution. The following General Plan policies are applicable:
5.3.3‐G4 New commercial uses that respect surrounding neighborhoods and are sited to reduce potential land use conflicts.
5.3.3‐P7 Encourage adequate protection of adjacent residential uses from incompatible commercial activities, such as loading, unloading and trash storage areas.
5.3.3‐P14 Allow convenience commercial uses and service stations, existing as of January 1, 2010, to conform to General Plan classification of Neighborhood Commercial, Community Commercial and Regional Commercial. New convenience commercial uses and service stations are restricted to the Community Commercial and Regional Commercial designations.
5.3.3‐P15 Discourage auto‐oriented uses, such as repair shops and service stations, from properties abutting residential uses and in areas with a pedestrian or mixed‐use emphasis.
5.5.2‐P4 Provide adequate separation between incompatible land uses in order to minimize negative effects on surrounding existing and planned development.
5.5.2‐P5 Require that new development provide an appropriate transition to surrounding neighborhoods.
While the proposal is not consistent with the above policies, the applicant has updated their application in hopes that the revisions mitigate any conflict between the property and the adjacent residential neighborhoods.
Zoning Conformance
Conditional Use Permit: Per Section 18.34.040(a), under the Classic Code, a service station is a conditional use. (As a reference, under the Updated Zoning Code, Service Stations are not allowed in the C-N zoning district). The self-serve carwash is an expansion of the service station and therefore requires a conditional use permit.
Permitted Use: The convenience store is considered a retail use and is allowed under the C-N designation.
Variances: Applicable development standards are analyzed as follows:
1. Rear Yard Section 18.34.100 (Classic Zoning Code): The self-serve car wash required a rear yard setback of 20-feet, and a one-foot seven-inch (1’-7”) rear yard setback is proposed. A variance is required to reduce the rear yard setback.
2. Landscape Planter Section 18.34.140(b) (Classic Zoning Code): Requires a five-foot-deep planter for screening shrubs and trees to be permanently maintained adjacent to the fencing and property line abutting any residentially zoned property, the applicant proposes a three-foot-eleven-inch (3’-11”) deep planter with the shrub Pittosporum Tobria (Japanese Cheesewood) along the rear of the property. A variance is required to reduce the planter depth requirements.
3. Landscape Planter Area Section 18.68.020(a)(1) (Classic Zoning Code): Requires a 15-foot-deep planter area adjacent to property lines along a public street, the applicant is providing a range of four to 10 feet. A variance is required to reduce the planter depth requirements.
4. Screening 18.68.020 (Classic Zoning Code): Each planter area shall be landscaped with ground cover, screening shrubs and trees to accomplish a density of screening and degree of shading. This density of landscaping is not able to be provided given the reduced setbacks allowing for vehicles and associated headlights to be viewed from abutting streets and rights-of-way. A variance is required.
Per the Updated Zoning Code Section 18.36.020, if existing development is expanding by more than 10 percent, it shall be subject to the City’s landscaping requirements. The proposed project is subject to all requirements of the Updated Zoning Code landscaping requirements except for the specific zoning district requirements, which was approved after the project was deemed complete. The Updated Zoning Code applicable development standards are analyzed as follows:
5. Landscaping requirements, including landscaping in setbacks 18.36.060 (Updated Zoning Code): A variance is required for minimum screening planter depth from 5-feet to a varied depth of 3’-11” to 1’-7”, minimum planter depth for require trees of 5’-10’ to 3’-11”
Section 18.60.220 of the Updated Zoning Code establishes development standards and requirements for Service Stations in the City of Santa Clara. The Updated City Code does not include development standards for car washes, either self-serve or full service other than parking standards.
While the applicant has applied for four variances for the project, the applicant has worked with City staff at the request of Planning Commission to reduce the concerns of the proposed project. Namely the applicant has updated their application to create a larger rear setback for the carwash by increasing it from seven inches to 1 foot - 7 inches, thereby widening the planters at the rear of the property from 2 feet - 2 inches to 3 feet - 11 inches. The applicant also added pervious pavers at the rear of the property to address the concern of the viability and maintenance of the screening landscaping. Additionally, the applicant has proposed insulating the carwash tunnel to help with noise mitigation, and proposed hours of operation so that the carwash would only operate, at most, from 6 a.m. - 10 p.m. seven days a week.
Architectural Review
The applicant has revised their submission several times and worked with the Planning Division to get to a design plan that the Planning Division may support. Full review of the architecture will take place during the Development Review Hearing, to be held after determinations are made for the Conditional Use Permit and Variance requests.
Conclusion
The project would not be compatible with adjacent land uses. The introduction of the carwash creates consistency issues for the City’s General Plan and zoning code, including higher levels of noise, odor, and light pollution. The project has attempted to lower the proposed increases in noise, odor, and/or light pollution, although the residential property located to the south will still be directly affected. Overall, while the project has made strides to conform, the project remains inconsistent with the General Plan and is inconsistent with the zoning requirements.
ENVIRONMENTAL REVIEW
Staff’s recommendation is that the Planning Commission deny the Conditional Use Permit and deny the Variance requests. CEQA Guidelines Section 15270(a) provides that “CEQA does not apply to projects which a public agency rejects or disapproves.”
If, however, the Planning Commission votes to approve the Conditional Use Permit and Variance, the project could be found categorically exempt per Class 3, Section 15303 (e) New Construction or Conversion of Small Structures, which allows for the construction of limited numbers of new, small facilities or structures including “[a]ccessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences.”
COORDINATION
This report was coordinated with the City Attorney’s Office.
PUBLIC CONTACT
On January 3, 2025, a notice of public hearing was mailed to property owners within 500 feet of the project site. The Planning Commission continued the item from the January 15, 2025 hearing to the March 19, 2025 meeting, but prior to doing so, reopened the public hearing, and therefore no new mailed noticing is required. At the time of this staff report, Planning staff has not received public comments in support or opposition to the proposed project.
Public contact was also made by posting the Commission agenda on the City’s official notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
1. Adopt a Resolution denying a Conditional Use Permit to allow expansion of an existing service station for removing a portion of fuel canopy and two fuel dispensers and adding a 1,605 square foot convenience store and a self-service carwash within the rear setbacks at 2455 Lawrence Expressway.
2. Adopt a Resolution denying a Variance to allow reduced rear setbacks, reduced landscaping planter depth along the street frontages, reduced required landscape screening depth at rear property line, and reduced required landscaping density of screening, in connection with a proposed expansion of an existing service station at 2455 Lawrence Expressway.
Staff
Prepared by: Daniel Sobczak, Associate Planner
Reviewed by: Afshan Hamid, Community Development Director
Reviewed by: Alexander Abbe, Assistant City Attorney
Approved by: Lesley Xavier, Planning Manager
ATTACHMENTS
1. Resolution Denying a Conditional Use Permit
2. Resolution Denying a Variance
3. Staff Report of January 15, 2025, Planning Commission Hearing
4. Project Data Sheet
5. General Plan Vicinity Map
6. Zoning Vicinity Map
7. Development Plans