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PROPOSED DEVELOPMENT OF A COMMERCIAL CENTER INCLUDING A CONVENIENCE STORE SELLING A COMBINATION OF ALCOHOL, GASOLINE, AND GENERAL MERCHANDISE WITH CAR WASH FACILITY AND TWO ADDITIONAL COMMERCIAL BUILDINGS AT THE SOUTHEAST CORNER OF EIGHT MILE ROAD AND THORNTON ROAD (P16-0667)
recommended action
RECOMMENDATION
Staff recommends that the Planning Commission adopt a Resolution:
1. Approving a Use Permit to allow the off-sale of beer and wine in a convenience store associated with the development of a gasoline station and car wash facility; and
2. Approving a Tentative Parcel Map to subdivide a 10.09-acre site into two parcels; and
3. Forwarding a recommendation to the City Council to:
a. Certify an Initial Study/Proposed Mitigated Negative Declaration for the Thornton Road/Eight Mile Road ARCO Station Project; and
b. Approve a General Plan Amendment for a 2.11-acre portion of the overall 10.09-acre site from High-Density Residential to Commercial designation; and
c. Approve the Rezoning of a 2.11-acre portion of the overall 10.09-acre site from RH (Residential, High-Density) to CG (Commercial, General); and
d. Approve an amendment to the Eight Mile Road Precise Road Plan to allow a 30-foot wide right-in and right-out driveway; and
e. Approve the Design Review for the project to ensure compliance with all applicable provisions of the City’s Design Review Guidelines.
Approval of the noted applications will allow a convenience store selling a combination of alcohol, gasoline, and general merchandise with car wash facility and two additional commercial buildings at the southeast corner of Eight Mile Road and Thornton Road, in accordance with the findings of fact detailed herein.
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Summary
The applicant, Parveen Sekhon-PS Fuels, LLC, on behalf of Jimenez-Thornton Ranch Properties, LLC, the property owner, is proposing to develop a commercial center on a 2.11-acre portion of the overall 10.09-acre site at the above-noted location. The entire site is currently designated High-Density Residential and is zoned RH. The project requires an Initial Study/Proposed Mitigated Negative Declaration, a General Plan Amendment, Rezoning, Eight Mile Road Precise Road Plan amendment, Tentative Parcel Map, and a Use Permit.
A proposed 4,000-square foot commercial building will be located on the east side of the commercial site. A proposed 3,400-square foot restaurant will be located on the west side of the subject site. A gasoline station will be located in the central/north portion of the subject property. A 3,700-square foot convenience store with car wash facility will be located on the south side of the gasoline station.
In accordance with Stockton Municipal Code (SMC), Section 16.20.020, Table 2-2, “Allowable Land Uses and Permit Requirements,” a Use Permit is required for a convenience store which is defined as:
“Easy access retail stores selling a combination of alcohol, gasoline, and a range of merchandise to provide a variety of items primarily for the motoring public. Convenience stores shall comply with the standards for alcoholic beverage sales (off-sale) (SMC Section 16.80.040) and for problem uses (SMC Section 16.80.270).”
SMC Section 16.80.040 contains the following Location Restrictions:
1. Not within 500 feet of K-12 schools, nursery schools, preschools, day care facilities, public parks, playgrounds, recreational areas, or youth facilities;
2. Not located in a high crime reporting district; and
3. Not located in an area within 500 feet of an existing off-sale alcoholic beverage establishment or in a location that would lead to the grouping of more than four (4) off-sale alcoholic beverage establishments within a 1,000-foot radius.
The off-sale establishment complies with all location restrictions under SMC 16.80.040. Additionally, the subject site is located in Census Tract 38.02. Ten (10) off-sale alcoholic beverage establishments are allowed within the Census Tract. There are four (4) active off-sale licenses in the Census Tract, therefore the area will not be overconcentrated if this Use permit is approved and an additional license is issued by ABC.
Based on the above, staff recommends that the Planning Commission approve the requested Use Permit and Tenative Parcel Map and forward a recommendation to City Council to certify the Initial Study with Proposed Mitigated Negative Declaration and approve the proposed General Plan Amendment, Rezoning, and Eight Mile Road Precise Road Plan Amendment, in accordance with the recommended findings in the Resolution.
DISCUSSION
Background
The overall 10.09-acre site is part of the Silver Springs final subdivision map recorded in October of 2005. The subject site is General Plan designated as High-Density Residential and zoned RH, Residential, High-Density. The applicant is proposing to purchase the entire property and develop a new commercial center on a 2.11-acre portion of the overall site. The remaining 7.98 acres will retain its High-Density Residential General Plan designation and RH, Residential, High-Density zoning for future multi-family residential development. The subject site is vacant and is bounded to the:
• north across Eight Mile Road by agricultural land in the jurisdiction of San Joaquin County:
• east and south by single-family homes and vacant land; and
• west across Thornton Road by single-family homes (Attachment A - Location Map and Aerial Photograph).
Present Situation
To develop the commercial center on the subject site, the Planning Commission is asked to consider approving a Use Permit and a Tentative Parcel Map and forwarding a recommendation to City Council to certify Initial Study/Proposed Mitigated Negative Declaration and approve General Plan Amendment, Rezoning, Amendment to the Eight Mile Road Precise Road Plan, and Design Review, as detailed below:
Planning Commission Approvals
Use Permit
A proposed gasoline station with eight gas pumps containing 16 fuel dispensaries under a canopy will be located in the central/north portion of the subject site. A 3,700-square foot convenience store with car wash facility will be located on the south side of the gasoline station. In accordance with SMC Section 16.80.320, the subject gasoline station complies with all applicable Development Code standards for fueling stations, including the number of driveways and off-street parking spaces, landscaping requirements, and minimum separations from pump islands to structures, property lines, and other pump islands.
In accordance with Table 2-2, Allowable Land Uses and Permit Requirements, a Use Permit is required for a convenience store selling a combination of alcohol, gasoline, and general merchandise. SMC Section 16.240.020 defines convenience stores as businesses having less than 20 percent of their gross floor area devoted to the sale, display, and/or storage of alcohol. The applicant has advised staff that the convenience store would not have more than 20% of its gross floor area devoted to the sale, display, and/or storage of alcohol, thereby avoiding classification as a “liquor store.” According to the applicant, beer and wine would be displayed in walk-in coolers on the southwest side of the store. The proposed hours of operation for the convenience store and gasoline sales would be 24 hours per day, seven days a week. The sale of alcoholic beverages would comply with ABC regulations and only be offered between 6:00 a.m. to 2:00 a.m., seven days a week.
Census Tract/Public Convenience or Necessity Finding
The subject site is located in Census Tract 32.08. In accordance with the population in that geographic area, the State Department of Alcoholic Beverage Control (ABC) has determined that ten (10) off-sale alcoholic beverage establishments are allowed within the Census Tract. There are four (4) active off-sale licenses in the Census Tract, therefore, the area is not over-concentrated with regard to off-sale establishments. According to the applicant, he will apply for an original off-sale beer and wine license (Type 20) from ABC, rather than attempting to transfer an existing license to the subject site. In accordance with ABC regulations, the noted license would be issued under the following circumstances:
1) The premises are not located in a high crime area;
2) The premises are not located in an over-concentrated Census Tract; and
3) The governing body makes a finding of Public Convenience or Necessity (PCN).
Based on the crime statistics from the Police Department, the subject site is not located in a high crime area. The noted Census Tract is not over-concentrated with off-sale alcohol licenses and will not become over-concentrated if the subject Use Permit is approved and an additional license is issued by ABC. Therefore, staff recommends making a required Finding of Public Convenience or Necessity (PCN) for the proposed business.
Location Restrictions
Stockton Municipal Code (SMC) Section 16.80.040 contains the following Location Restrictions for alcoholic beverage sales establishments:
Proximity to Schools and Parks
Section 16.80.040.D(2) requires a minimum separation of 500 feet between a new off-sale alcoholic beverage establishment and public or private academic schools for students in kindergarten through 12th grade, nursery schools, preschools, daycare facilities, public parks, playgrounds, recreational areas, or youth facilities. There are no the above-noted facilities within 500 feet of the project site. The subject use complies with the noted minimum required separation.
High Crime Reporting District
SMC Section 16.80.040.D(2)(d)(ii) provides that a business with the off-sale of alcoholic beverages may not be located in a Crime Reporting District (CRD), where the average number of crimes in that district exceeds the average number of crimes for all Crime Reporting Districts Citywide by more than 20 percent. The project site is located in CRD No. 303. According to the Police Department’s crime reporting statistics, the average number of crimes reported for CRD’s Citywide CRD is 85. The number of crimes reported in the subject CRD is 67, which is below the average by 21.18% (Attachment C - Crime Reporting District Map). The proposed use complies with this noted Location Restriction.
Proximity to Other Alcoholic Beverage Sales Establishments
Section 16.80.040.D (2)(d)(ii) provides that an off-sale alcohol establishment shall not be located in an area within 500 feet of an existing off-sale alcoholic beverage establishment or in a location that would lead to the grouping of more than four (4) off-sale alcoholic beverage establishments within a 1,000-foot radius. There are no other off-sale alcohol establishments within a 500-foot or a 1,000-foot radius of the subject site (Attachment D - Census Tract 32.08, Liquor Licenses). The subject use complies with both of the noted minimum separation requirements for off-sale alcohol establishments.
Findings
The Development Code contains specific Findings, all of which must be made in the affirmative to support the approval of a Use Permit. If one or more of the Findings cannot be made, the Use Permit cannot be approved.
General Findings
There are seven required General Findings in SMC Section 16.168.050.A. They require compliance with all applicable provisions in the SMC; maintaining the integrity and character of the applicable zoning district; consistency with applicable General Plan objectives and policies; physical suitability of the site for the proposed use; not endangering or jeopardizing the public health, safety, peace, or general welfare of the public; compatibility with surrounding uses; and consistency with the California Environmental Quality Act.
Problem Use Findings
Section 16.168.050.B contains the following three specific Findings for Problem Uses. The proposed use is not likely to interfere with the comfortable enjoyment of life or property in the area; not increase or encourage the deterioration or blight of the area; and not be contrary to any program of neighborhood conservation, improvement, or redevelopment, either residential or nonresidential.
Alcoholic Beverage Findings
Section 16.168.050.C contains the four specific Findings for Alcoholic Beverages. The Findings address the project’s potential to result in nuisance activities on and in proximity to the subject. The completion of a training course in Licensee Education on Alcohol and Drugs (LEAD), compliance with all provisions of local, state and federal laws, rules, and regulations and required criteria for a Public Convenience or Necessity (PCN) Finding, if required.
In summary, the staff recommends making the above-noted various Findings for the project because the recommended Conditions of Approval require the business operator to install a video surveillance system inside and outside of the commercial building that will decrease crime or similar impacts associated with Problem Uses in the vicinity area of the subject site. The business owners will be required to install security lighting around the exterior of the premises and the parking lot, helping to provide a safer environment for the store’s customers and area residents. ABC requires that the business owner and all employees of the establishment must complete an approved training course in LEAD) or another ABC-approved program within 60 days of hiring new employees or within six (6) months for existing employees. The subject use must comply with all applicable provisions of City, State, and Federal regulations. A PCN finding for a new off-sale alcohol license may be made by the Planning Commission, because the subject site is not located in a high crime area. The Census Tract is not over-concentrated with off-sale alcohol licenses and will not become over-concentrated if the subject Use Permit is approved and an additional license is issued by ABC. Therefore, staff recommends approval of the above-noted discretionary permits with recommended findings in the Resolution.
Tentative Parcel Map
The applicant is proposing to subdivide a 10.09-acre site into two parcels for the commercial development. Parcel 1 will contain 2.11 acres on the western portion of the property and Parcel 2 will be 7.98 acres on the eastern portion of the subject site. Parcel 1 will develop a commercial center, including two commercial buildings and a gasoline station with a convenience store and car wash facility. Parcel 2 will be developed a multi-family residential development. Access to the commercial site will be provided by a 30-foot wide right-in and right-out driveway on Eight Mile Road and another 30-foot wide right-in and right-out driveway on Thornton Road.
In accordance with the provisions of the Development Code, the Development Review Committee reviewed the project and recommended approval of the above-noted Tentative Parcel Map and Precise Road Plan Amendment applications subject to the proposed findings and conditions of approval contained in the Resolution.
Planning Commission Recommendations
General Plan/Rezoning
The 2.11-acre site is currently designated a High-Density Residential in the General Plan map. The subject site requires a General Plan Amendment from High-Density Residential to Commercial designation and Rezoning of RH to CG for the commercial development (Attachment B - General Plan and Rezoning Maps). The proposed General Plan amendment and zoning change will not conflict with Housing Element (HE) Goals and Policies.
HE-1.2, Avoid Downzoning - The City shall not downzone parcels identified in the Housing Element inventory unless they are replaced concurrently by comparable zoned land elsewhere within the City, or the City makes findings that there still adequate sites in the inventory to meet the remaining regional housing needs allocation. A high-density residential development on the remaining 7.98 acres would be consistent with the existing General Plan designation and zoning. It will allow for the high-density residential development to a maximum density 29 units per acre. A future high-density residential development containing 234 units in three-story structures will be constructed on the remaining site. By comparison, the City’s Housing Element, adopted in 2016, projected that 222 housing units would be developed on the entire 10.09-acre parcel, so the number of residential units would exceed the Housing Element projection.
Precise Road Plan Amendment
The applicant is proposing to amend Eight Mile Road Precise Road Plan to construct a 30-foot wide right-in and right-out driveway on the project site’s frontage. The Eight Mile Road Precise Road was originally adopted in 1995 to define the ultimate right of way needs for the corridor between State Highway Route 99 and to the west of Interstate 5 and specifying intersection access. Since its adoption, the Precise Road Plan has been amended on occasion in conjunction with the development, typically to add new vehicular accesses. A traffic analysis was prepared to evaluate the potential effects of the requested Precise Road Plan Amendment. Based on a review of the traffic study, staff determined that Eight Mile Road and intersections in the Eight Mile Road corridor would remain at an acceptable level of service (LOS). However, there is no a median or another barrier along the project site’s frontage on Eight Mile Road and Thornton Road that would prevent vehicles from making left turns to the commercial site. A mitigation measure in the Transportation/Circulation section states that a raised barrier on both roads along the commercial development frontage will be installed to eliminate the road hazard impacts.
Design Review
On April 12, 2017, the City’s Architectural Review Committee (ARC) reviewed proposed elevations, renderings, and materials for the gasoline station and the convenience store with car wash facility and found them to be substantially in compliance with applicable provisions of the City’s Design Review Guidelines. Following the ARC’s review of the plans, the Director listed the ARC’s supporting findings in the Resolution and made recommendation to the Review Authority for a final approval. For the Commission’s information, two commercial buildings (quick service restaurant and retail space) on the east and west portions of the subject site do not have tenants. Architectural design review applications for both buildings would be submitted by future tenants before the submittal of the building permits, as conditioned in the Design Review section.
Public Comments
On September 5, 2017, the applicant held a community outreach meeting for residents of the surrounding neighborhood to discuss the subject development. Notice for the meeting was provided to all property owners within 300 feet of the project site, which was held in the Multi-Purpose Room of Julia Morgan School at 3777 A. G. Spanos Boulevard (Attachment E - Community Outreach Meeting Information). Nine neighborhood residents, the applicants, the environmental consultant, and City staff attended the meeting. Area residents raised concerns regarding the sale of alcoholic beverages and 24-hour operation of the convenience store that could result in crime and vagrancy. Staff responded to the residents and stated that a security camera system and lighting would be installed inside and outside of the convenience store that normally have the effect of reducing crime activities. Residents were also concerned about the potential for noise related to the operation of the car wash. Area residents were informed that an eight (8)-foot high masonry wall would be installed between the commercial and residential zones in accordance with SMC Section 16.48.080. The subject wall would reduce the impact of noise from the operation of the car wash. Additionally, a lower number of vehicle dryers would be purchased and installed in the facility. The entry and exit doors of the car wash would be closed during the drying cycle. The noted design improvements in combination with the masonry wall would reduce the noise impact from the subject use to an acceptable level.
Environmental Clearance
The City has determined that the project involves the potential for significant, adverse environmental effects, but that these effects could be reduced to a less-than-significant level with recommended mitigation measures. As a result, a public draft Initial Study/Proposed Mitigated Negative Declaration has been prepared for the project, in accordance with State CEQA Guidelines.
A “Notice of Intent” to adopt the public draft Initial Study/Proposed Mitigated Negative Declaration was circulated for public review and comment between August 18, 2016, and September 18, 2017. It was filed with the San Joaquin County Clerk’s Office and the Governor’s Office of Planning and Research State Clearinghouse (Attachment F - Notice of Intent for the public draft Initial Study/Proposed Mitigated Negative Declaration). All the comments that were received during the public review have been responded to in the Final Initial Study/Mitigated Negative Declaration. Pursuant to Section 15074 (b) of the State CEQA Guidelines, the Initial Study with Proposed Mitigated Negative Declaration must be adopted by the decision-making body of the lead agency prior to approval of all discretionary applications for the commercial project. In addition, the “Mitigation Monitoring and Reporting Program” for the project must be adopted to ensure that adequate mitigation measures are implemented as part of the project. The environmental documents, including the public draft Initial Study with Proposed Mitigated Negative Declaration, and the Final Initial Study/Mitigation Negative Declaration with a Mitigation Monitoring Plan for the project have been attached to the Resolution for the Planning Commission’s review.
Votes
A vote of a majority, four (4), of the total authorized membership of the Planning Commission is required for the Commission to transact business or decide any matter.
Attachment A - Location Map and Aerial Photograph
Attachment B - General Plan and Rezoning Maps.
Attachment C - Crime Reporting District Map
Attachment D - Census Tract 32.08, Liquor Licenses
Attachment E - Community Outreach Meeting Information
Attachment F - Notice of Intent for the public draft Initial Study with Proposed Mitigated Negative Declaration
This staff report was prepared by Senior Planner Jenny Liaw, (209) 937-8316; jenny.liaw@stocktonca.gov