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ZONING MAP AMENDMENT, ADMINISTRATIVE USE PERMIT, AND DESIGN REVIEW REQUEST FOR A PROPOSED SELF-SERVICE CARWASH AT 6011 WEST LANE (APN 094-050-04) (APPLICATION NO. P19-0812)
recommended action
RECOMMENDATION
Staff recommends the Planning Commission adopt two resolutions:
1. Forwarding a recommendation to the City Council to approve a Zoning Map Amendment of Accessor Parcel Number (APN) 094-050-04 from Commercial, Office (CO) to Commercial, General (CG); and
2. Approving an Administrative Use Permit and Design Review, subject to conditions.
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Summary
Steven Torres, on behalf of property owner Amandeep Singh, (Applicant) proposes the development of a new Auto/Vehicle Service Car Wash (“Project”) at 6011 West Lane (APN 094-050-04). The Project site is currently vacant and proposed development will consist of a 2,530 square foot drive-through car wash, office, fourteen (14) parking spaces with vacuums, one (1) additional off-street parking space, and landscaping improvements.
The 2040 General Plan land use map designation for the Project site is Commercial, which is compatible with the proposed commercial car wash use. However, the Zoning Map shows the site zoning as Commercial, Office (CO) which does not allow for car wash uses. The Applicant is requesting a Zoning Map Amendment to change the site zoning to Commercial, General (CG) which will allow the car wash land use. The development proposal is compliant with all applicable development standards within SMC Title 16 (Development Code).
Staff recommends the Planning Commission approve the requested Administrative Use Permit and Design Review and recommend City Council adoption of an ordinance amending the Zoning Map, according to the findings and subject to the conditions within the attached resolution. Planning Commission approval of the Administrative Use Permit and Design Review are contingent upon City Council approval of the Zoning Map Amendment. If approved, the Project will develop a vacant parcel, providing a service to the neighborhood, jobs, and tax revenue to the City. If denied, the parcel will sit vacant.
DISCUSSION
Background
The project site (Assessor’s Parcel Number 094-050-04) is a vacant parcel located on the southwest corner of West Lane and East Swain Road. (Attachment A - Location Map and Aerial Photo). The site is bound to the:
• North by (across East Swain Road) an existing commercial development (e.g., restaurant and department stores) in the Commercial, General (CG) zoning district.
• West by medical offices in the Commercial, Office (CO) zoning district.
• South by a single-family residential development (approved by planned development PURD 16-83) and in the Residential, Low (RL) zoning district.
• East by a parking lot in the Commercial, General (CG) zoning designation.
The 2040 General Plan Land Use Map identifies the subject site as Commercial (Attachment B - General Plan Land Use Map). Zoning Map designations for the subject site and surrounding properties are shown in Attachment C - Zoning Map.
Present Situation
Project Description
The proposed project will establish a new 2,530 square foot car wash, which includes a wash tunnel, office, and equipment room, located at the southwest corner of East Swain Road and West Lane (Attachment D - Project Plan). The proposed car wash is located on a 0.85-acre site. Fourteen (14) parking spaces with vacuums and one (1) additional off-street parking space are provided. Site access will occur along East Swain Road. The project will install landscaping and irrigation, pavement, curbs, and asphalt within the site.
The Project will install a new eight (8) foot solid masonry wall along the southern edge of the property to shield the existing residences, which is a requirement of the municipal code (SMC 16.48.080, Walls required between different zoning districts).
Staff Analysis
To develop the car wash and vacuum stations, Staff recommends the Planning Commission approve the Administrative Use Permit and Design Review, subject to conditions, and forward an approval recommendation to the City Council for a Zoning Map Amendment. Each request and staff’s analysis are provided below.
Zoning Map Amendment
Per the City of Stockton Municipal Code (SMC) Chapter 16.20 Allowable Land Uses and Permit Requirements, the proposed land use for the car wash is not permitted in the current Commercial, Office (CO) zoning district, necessitating a change in zoning. The project includes a request for a Zoning Map Amendment to designate the site as Commercial, General (CG) zoning district (Attachment E - Rezone Map). To comply with SMC Chapter 16.20, the proposed car wash is allowed in the CG zoning district subject to the approval of an Administrative Use Permit. Per General Plan Table 2-1 (General Plan Relationship to Development Code), the CG zoning district is compatible with the General Plan Land Use Map designation of Commercial. As reflected in the attached Proposed Resolution, all necessary findings can be made to support the proposed Zoning Map Amendment.
Development Permits
By code, the Community Development Director is the Review Authority for Administrative Use Permits and Design Review, which are ministerial requests. However, the Project has a discretionary entitlement for a Zoning Map Amendment which requires Planning Commission and City Council approval. Because of the discretionary entitlement, the Director has elevated the ministerial requests to the Planning Commission for approval. (SMC Section 16.88.050)
Administrative Use Permit
Stockton Municipal Code (SMC) Section 16.20.020, Table 2-2 (Allowable Land Use and Permit Requirements), provides that an Administrative Use Permit is required to establish an “Auto/Vehicle Service - Car Wash” land use in the Commercial, General (CG) zone. To approve the Administrative Use Permit, seven (7) findings are required by SMC Section 16.168.050. In summary, and as provided in the Proposed Resolution, all findings can be made in the affirmative, subject to City Council approval of the rezone request. The project: (a) is allowed within the subject zoning district and complies with the requirements in the Development Code and Municipal Code; (b) will maintain or strengthen the integrity and character of the neighborhood and zoning district; (c) is consistent with the general land uses, objectives, policies, and programs of the General Plan and any applicable specific plan or master development plan; (d) is physically suitable for the proposed use; (e) will not endanger, jeopardize the public convenience, health, interest, safety, peace, or general welfare; (f) the design, location, size, and operating characteristics of the proposed use would be compatible with the existing and future land uses on-site and in the vicinity of the subject property; and, (g) as noted below, California Environmental Quality Act (CEQA) compliance is demonstrated through Class 32 (In-Fill Development Project) Categorical Exemption.
The Project site is creating a new right-in, right-out driveway access off East Swain Road, and this is the sole point of ingress/egress for the site. Once a driver enters the site, they are directed to a queue for the pay stations. The driver will pay at a pay station just prior to entering the wash tunnel. Inside the wash tunnel, cars will be washed and dried prior to exiting the tunnel. Once a car has been washed and dried, the driver can pull in to one of the vacuum parking stations, clean the inside of the car, and then exit the site onto East Swain Road. This is a one-way loop, where the driver must go through the wash tunnel prior to visiting the vacuums and then exiting the site.
Carwashes can be noisy. Businesses near residential neighborhoods may need to reduce the decibel level of their activities, as well as restrict the hours they are conducting these activities. The City has standards in place for businesses to follow (SMC 16.60, Noise Standards), to reduce noise impacts. The proposed car wash is expected to meet the City’s standards in two ways: 1) the car wash and vacuums will only be used between 8:00am - 8:00pm, and; 2) the applicant will construct an 8’ tall masonry wall between the car wash and neighboring homes.
Design Review
Stockton Municipal Code (SMC) Section 16.120.020(A)(2) requires Design Review for all new commercial development throughout the City. Design Review requests are evaluated for their ability to conform to the Citywide Design Guidelines. For this project, Citywide Design Guidelines Section 4.02.060 (Special Commercial Use - Drive-Through Businesses) provides criteria for the achievement of quality development, compatibility with surrounding uses, functional site arrangement, safe/convenient parking and circulation, and architectural character.
On October 14, 2020, the Architecture Review Committee (ARC) reviewed the project for conformance with the criteria listed above, and recommended approval. The Director concurs with ARC’s recommendation and as presented in the Proposed Resolution for the Planning Commission’s consideration.
An architectural rendering of the proposed car wash structure is included as Attachment F - Rendered Drawing.
2040 General Plan
The proposed project will meet a number of General Plan Policies and goals, including Land Use Policy LU-4.2 stating “Attract employment- and tax-generating businesses that support the economic diversity of the city,” and Policy LU-6.2 stating “Prioritizing development and redevelopment of vacant, underutilized, and blight infill areas.”
To carry out the project, the Planning Commission is asked to consider forwarding to City Council an approval recommendation for a Zoning Map Amendment and approving an Administrative Use Permit and Design Review request, subject to conditions.
Environmental Review
The proposed project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section15332 (In-Fill Development Projects). The attached proposed resolution includes findings that document the project: (a) is consistent with the applicable general plan designation and all applicable general plan policies as well applicable zoning designation and regulations; (b) occurs within the city limits on a site of no more than five (5) acres substantially surrounded by urban uses; (c) occurs on a site with no value as habitat for endangered, rare, or threatened species; (d) will not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) can be adequately served by all required utilities and public services.
Public Comments
On December 28, 2020 and in accordance with SMC Section 16.88.025, the applicant held a virtual neighborhood meeting to present the Project and receive feedback, however no members of the public attended. Mailed notice of the meeting was provided to property owners within 300 feet of the project site at least ten days in advance to the meeting. (Attachment G - Community Meeting Information).
On December 28, 2020, at least ten (10) days prior to the original Planning Commission hearing date of January 14, 2021, public notice for this item was published in the Record and mailed notice was sent to all property owners within a 300-foot radius of the project site, in accordance with SMC Section 16.88.030. At the January 14, 2021 Planning Commission Hearing, staff requested this item be pulled from the agenda and continued to February 11, 2021. To date, staff has not received any written comments.
Attachment A - Location Map and Aerial Photo
Attachment B - General Plan Land Use Map
Attachment C - Zoning Map
Attachment D - Project Plans
Attachment E - Rezone Map
Attachment F - Rendered Drawing
Attachment G - Community Meeting Information
The staff report was prepared by Courtney Brown, Contract Associate Planner (209) 645-6608 Ext. 800 or courtney.brown@stocktonca.gov.