REPORT TO PLANNING COMMISSION
SUBJECT
Title
Action to Adopt Resolutions to Approve 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
REPORT IN BRIEF
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:
1. Determine the project to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303 (Class 3 - New Construction or Conversion of Small Structures)
2. Adopt a Resolution Approving 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.
3. Adopt a Resolution Approving a Variance to allow reduced rear setbacks, reduced landscaping planter depth along the street frontages, reduced required landscape screening depth, reduced required tree planter depth, and reduced required shrub planter depth in connection with a proposed expansion of an existing service station at 2455 Lawrence Expressway.
BACKGROUND
On March 19, 2025, the Planning Commission held a public hearing for the subject Conditional Use Permit and Variance requests and found that the application for the expansion of an existing service station and the addition of an automated carwash met the required findings of the Santa Clara City Code (SCCC) Section 18.114.050 to grant a Conditional Use Permit and Section 18.124.050 to grant a Variance. The commission confirmed that the requests met the following findings:
Conditional Use Permit Findings - Section 18.114.050:
A. The proposed use is consistent with the General Plan and any applicable specific plan;
a. The proposed property is not a part of any specific plan and the proposed use allows the business to expand their business, and the ability to maintain their business within the City of Santa Clara without relocating or severely limiting the ability to grow their customer base. Furthermore, the project complies with the intent of the Neighborhood Commercial General Plan Designation by maintaining the existing local-serving retail use and allowing the expansion to further meet neighborhood needs.
B. The proposed use is allowed within the subject zone and complies with all other applicable provisions of this Zoning Code and the City Code;
a. The property is currently used as a Service Station and would expand as a service station with an automated self-serve carwash, and with the variances approved, the proposed use would meet all provisions in the zoning code and City Code.
C. The design, location, size, and operating characteristics of the proposed use are compatible with the allowed uses in the vicinity;
a. The proposed use is near Lawrence Expressway, a large volume arterial street which adds a significant amount of noise to the surrounding area, the proposed project would not exceed the sound generated by Lawrence Expressway and would be subject to all other City Code regulations for noise, odor, dust, vibration, etc.
D. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare; and
a. The proposed use is subject to all City Code regulations for noise, odor, dust, vibration, etc. and would not be detrimental to the harmonious and orderly growth of the City.
E. The subject site is:
a. Physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and
i. The site is on the corner of Monroe Street and Lawrence Expressway which provide ingress and egress on either side of the property for any emergency vehicles, public service and utility vehicles, and any other maintenance required at the property.
b. Served by highways and streets adequate in width and improvement to carry the type and quantity of traffic the proposed use would likely generate.
i. The site is on the corner of Monroe Street and Lawrence Expressway which provide adequate in width and improvement to carry the type and quantity of traffic the proposed use would likely generate
Variance Findings - Section 18.124.050:
A. There are special circumstances or conditions applicable to the subject property or existing buildings (e.g., location, shape, size, surroundings, topography, or other physical features) that do not apply generally to other properties in the vicinity under an identical zoning classification;
a. The specific property is hindered due to the underground storage tanks which limits the location and orientation of the built environment on the parcel
b. The parcel is on the corner of Lawrence Expressway and Monroe Street which limits the vehicle ingress and egress options for the property which further inhibits the possible location and orientation of the built environment on the property which necessitates the proposed variances
B. Strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other property in the vicinity and under an identical zoning classification;
a. While other parcels around the subject property are able to expand up to the full extent of what the Code allows, the subject property is not able to enjoy the same privileges due to the constraints of the property itself and the traffic flow around the property.
C. Approving the Variance would not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity and zone in which the subject property is situated;
a. Properties within the same vicinity and zoning would be allowed to construct similar projects without variances due to the nature of their parcels, whereas the subject parcel has unique constraints which severely limit the ability of the property to expand.
D. Granting the Variance will not adversely affect the interests of the public or the interests of residents and property owners in the vicinity of the subject property in question.
a. The property abuts Lawrence Expressway, a high-volume arterial road which amplifies noise for the surrounding properties. The applicant has applied to mitigate any noise generated from their property and the proposed project and are required to follow all code restrictions for noise, odor, vibration, etc. The proposed project would produce less of an impact than the surrounding factors.
While the Planning Commission confirmed the above findings to grant approval of the Conditional Use Permit and variance at the March 19th hearing, there were no drafted Resolutions for approval to act on, and therefore the Planning Commission could not vote to adopt resolutions at that meeting. The resolutions have been drafted with the above findings incorporated, and the facts supporting those findings, and are attached to this report for the Commission’s action.
ENVIRONMENTAL REVIEW
Staff’s recommendation is that the Planning Commission approve the Conditional Use Permit and Variance resolutions attached. The project is 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 “accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences.”
COORDINATION
This report has been coordinated with the City Attorney’s Office.
FISCAL IMPACT
There is no impact to the City for processing the requested application other than administrative staff time and expense typically covered by processing fees paid by the applicant.
PUBLIC CONTACT
On January 2, 2025, a notice of public hearing was mailed to property owners within 500 feet of the project site. This project was continued to the March 19th Planning Commission hearing at the original January 15th meeting date.
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. Determine the project to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303 (Class 3 - New Construction or Conversion of Small Structures)
2. Adopt a Resolution Approving 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.
3. Adopt a Resolution Approving a Variance to allow reduced rear setbacks, reduced landscaping planter depth along the street frontages, reduced required landscape screening depth, reduced required tree planter depth, and reduced required shrub planter depth in connection with a proposed expansion of an existing service station at 2455 Lawrence Expressway.
Staff
Prepared by: Daniel Sobczak, Associate Planner
Reviewed by: Alexander Abbe, Assistant City Attorney
Approved by: Lesley Xavier, Planning Manager
ATTACHMENTS
1. Resolution to Approve - Variance
2. Resolution to Approve - Conditional Use Permit
3. Web Links - Planning Commission Staff Report Packet - March 19, 2025
4. Conditions of Approval