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ADOPTION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION, REZONE FROM INDUSTRIAL GENERAL TO COMMERCIAL GENERAL AND DESIGN REVIEW APPROVAL FOR A CONVENIENCE STORE WITH THE OFF-SALE OF BEER AND WINE, CAR WASH, AND TRUCK FUELING STATION AT 4607 S. AIRPORT WAY
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RECOMMENDATION
Staff recommends that the City Council adopt a Resolution to:
1. Adopt an Initial Study/Proposed Mitigated Negative Declaration for the Airport Sperry ARCO Station Project; and
2. Approve the Design Review for the project to ensure compliance with all applicable provisions of the City’s Design Review Guidelines.
It is also recommended that the City Council adopt an Ordinance for the Rezoning of a 2.22-acre site from Industrial General to Commercial General.
It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of the motion.
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Summary
The applicant, Airport Petroleum Inc., on behalf of Ben Rishwain, the property owner, proposes to develop a convenience store selling a combination of alcohol, gasoline, and general merchandise with car wash facility and truck fueling station on a 2.22-acre site. The proposed project location is 4607 S. Airport Way. The site is currently zoned Industrial General (IG), and the General Plan designation is Commercial. The project requires an Initial Study/Proposed Mitigated Negative Declaration, Rezoning, and a Use Permit.
A proposed 18x60 truck fueling station and a car wash facility will be located on the east side of the commercial site. A gasoline station will be in the central/north portion of the subject property. A 3,764-square foot convenience store 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 are required to comply with the standards for alcoholic beverage sales (off-sale) (SMC Section 16.80.040) and for problem uses (SMC Section 16.80.270). The off-sale establishment complies with all location restrictions under SMC 16.80.040 and all findings required under section 16.80.270 “Problem Uses” can be made.
On February 8, 2018, the Planning Commission passed a resolution approving a Use Permit for a convenience store selling a combination of alcohol, gasoline, and general merchandise with car wash facility and truck fueling station and made a finding of public convenience. The Planning Commission also voted to forward a recommendation to the City Council to adopt an ordinance approving a Rezone from IG to Commercial General (CG), Design Review approvals, and adoption of the projects Initial Study with Mitigated Negative Declaration . The resolution passed 5-1. The Commission’s approval of the noted Use Permit, which is subject to the approval of the accompanying project applications, is final unless appealed. As no appeal was filed within the time alotted under the Code, the Use Permit decision is final.
Based on the above, staff recommends that the City Council take action consistent with the Planning Commission recommendation.
DISCUSSION
Background
The subject site is designated under the General Plan as Commercial and zoned IG, Industrial General. The applicant proposes to develop a convenience store selling a combination of alcohol, gasoline, and general merchandise with car wash facility and truck fueling station on 2.22-acres located at 4607 South Airport Way, and a portion of 1456 Sperry Road (Attachment A - Location Map and Aerial Photo). The remaining portion of 1456 Sperry Road will retain its Industrial General (IG) Zoning designation. The subject site is vacant and is bounded to the:
• north across Sperry Road by heavy industrial uses in the unincorporated County:
• east across Airport Way by the Stockton Metro Airport in the unincorporated County; and
• west and south by vacant land zoned Industrial General (IG).
Present Situation
To develop the convenience store selling a combination of alcohol, gasoline, and general merchandise with car wash facility and truck fueling station on the subject site, the City Council is asked to adopt the Initial Study/Proposed Mitigated Negative Declaration and approve the Rezoning and Design Review, as detailed below:
Rezoning
The applicant proposed a lot line adjustment adding a portion of 1456 Sperry Road (APN#17716012) to the parcel at 4607 S Airport way; the adjustment would result in a parcel totaling approximately 2.22-acres. The site is currently designated as Commercial on the General Plan map. The proposed project is consistent with the current General Plan designation. Rezoning will create consistency between the General Plan designation and the Zoning designation, and the associated development will provide additional convenient services to motorists and to the surrounding industrial parks (See Attachment B - General Plan Map and Exhibit A to the Proposed Rezoning Ordinance).
Design Review
On January 10, 2018, 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 (Attachment C - Site Plan and Proposed Elevations). Following the ARC’s review of the plans, the Director listed the ARC’s supporting findings in the Resolution and made a recommendation to the Review Authority for a final approval.
Public Comments
On January 3rd, 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 San Joaquin County of Education Building located at 2707 Transworld Drive, Stockton (Attachment D - Community Outreach Meeting Information). In attendance was city staff, a representative of Basecamp Environmental (Charlie Simpson), and the applicant’s counsel. No members of the public attended the community meeting.
Planning Commission Action
On February 8, 2018, a public hearing was held before the Planning Commission. The applicant’s attorney spoke in favor of the project. One member of the public and owner of an adjacent parcel spoke in opposition of the project stating that the project had the potential to lower the value of her land.
A motion was made to approve the project as recommended by staff, and the motion passed 5-1 (Commissioner Mallet was absent; Chair Aguillard dissented), approving a resolution for a Use Permit with a finding of Public Convenience, and forwarding a recommendation of approval to the City Council, for a Rezone from IG to CG, Design Review, and the project’s Initial Study with Mitigated Negative Declaration (Attachment E - Resolution 2018-02-08-0501).
Environmental Clearance
The City 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 was 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 December 18, 2017, and January 8, 2018. It was filed with the San Joaquin County Clerk’s Office (Attachment F - Notice of Intent for the public draft Initial Study/Proposed Mitigated Negative Declaration). All the comments that received during the public review were responded to in the Final Initial Study/Proposed 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 are attached to the Resolution for City Council review.
Financial Summary
There are no anticipated fiscal impacts to the city because the applicant will be responsible for all expenditures of the commercial development.
Attachment A - Location Map and Aerial Photograph
Attachment B - General Plan Map
Attachment C - Site Plan and Proposed Elevations
Attachment D - Community Outreach Meeting Information
Attachment E - Resolution 2018-02-08-0501
Attachment F - Notice of Intent for the public draft Initial Study with Proposed Mitigated Negative Declaration