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GENERAL PLAN AMENDMENT, REZONE AND ADDENDUM TO A MITIGATED NEGATIVE DECLARATION TO ALLOW CONSTRUCTION OF A NEW AUTOMATED CAR WASH, LOCATED AT 2910 EIGHT MILE ROAD (APPLICATION NO. P19-0411)
recommended action
RECOMMENDATION
Staff recommends the City Council adopt:
1. A resolution adopting an Addendum to a previously approved Mitigated Negative Declaration;
2. A resolution approving a General Plan Land Use Map Amendment to change a portion of APN 070-670-01 from High-Density Residential to Commercial; and
3. An ordinance approving a Zoning Map Amendment to change a portion of APN 070-670-01 from RH (Residential, High-Density) to CG (Commercial, General).
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Summary
In 2018, the City Council approved development of the ‘Thornton Road/Eight Mile Road ARCO Station’ project. The project included a fueling station with an accessory car wash, retail building and drive-thru restaurant. Project approvals included an amendment to the Eight Mile Road Precise Road Plan to accommodate access and amendments to the General Plan Land Use Map and Zoning Map to accommodate the commercial land uses.
Presently, the applicant proposes a revised project including an automated stand-alone car wash use and that requires a larger site area. This expansion encroaches into land designated for High-Density Residential uses and, therefore, triggers the need for General Plan and Zoning Map amendments. The primary policy question staff observes is the potential for the project to inhibit the City’s ability to fulfill housing production goals. Staff’s conclusion is the minor reduction of land designated for residential use (0.37 acres) will not prevent the city from fulfilling the housing production goal for this site. In fact, a recently filed development application for the abutting High-Density Residential site demonstrates an ability to exceed the multi-family unit estimated in the City’s Housing Element.
On May 14, 2019, the Planning Commission considered the proposed project and by unanimous vote, recommended approval of the General Plan and Zoning Map Amendments. Resolutions of approval reflecting the Planning Commission’s action are attached for Council consideration.
DISCUSSION
Background
On January 23, 2018, the City Council approved development of the ‘Thornton Road/Eight Mile Road ARCO Station’ project. The approval authorized a fueling station with attached automated car wash structure, a fast-food restaurant, and a retail building on a 2.11 acre site. When approving the overall commercial development, the City amended the General Plan Land Use Map from High Density Residential to Commercial, and amended the Zoning Map from RH (Residential, High Density) to CG (Commercial, General). These approvals were made based on evidence that the downzoning of 2.11 acres would not affect the 222 housing units assumed for the Residential High, Density Site in the City’s Housing Element.
The project has not yet been built, though construction plans for the fast food restaurant will soon be approved.
Present Situation
The project site is located southeast corner of Thornton Road and Eight Mile Road (see Attachment A). The project proposes changes to the approved site plan and location of land uses. A 4,000-square foot retail building is removed, and a new stand-alone car wash is proposed at the eastern portion of the site. The ARCO AM/PM fueling station and fast food restaurant remain in their same locations. The proposed car wash facility would be a “tunnel” car wash, an enclosed structure with a 140-foot conveyor to move vehicles through the wash process from one end to the other. Attachment B includes the proposed project plans.
General Plan Amendment
The proposed project requires a General Plan Land Use Map Amendment to change the designation of 0.37 acres (i.e., a portion of the proposed car wash facility) from High Density Residential to Commercial. The expansion of the Commercial designation facilitates a substantially similar commercial development and, in terms of area, represents a minor adjustment to the General Plan Land Use Map. However, the conversion of High Density Residential to Commercial requires consideration of potential effects to the City’s housing production goals.
General Plan Housing Element Policy HE-1.2 states,
"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 are still adequate sites in the inventory to meet the remaining regional housing needs allocation."
This policy mirrors Government Code §65863(b) which requires local governments to retain lands designated for residential uses in a Housing Element.
The City’s 2016 Housing Element projected approximately 222 housing units on the abutting property designated High Density Residential. On April 1, 2020, the city received a development application for the subject site (Application No. P20-0241) and which indicates 384 units even with the reduced area (resulting from the commercial project). Therefore, approval of the General Plan Amendment complies with Housing Element Policy HE-1.2 and Government Code section 65863 (b) in that the minor reduction of land designated for residential use will not prevent the city from fulfilling the housing production goal for this site because there is no decrease in the City’s ability to meet its Regional Housing Needs Allocation.
As reflected in the attached Proposed Resolution, all necessary findings can be made to support the proposed General Plan Land Use Map Amendment action.
Zoning Map Amendment
The project also proposes a companion rezoning from RH (Residential, High-Density) to CG (Commercial, General) coinciding with the same 0.37-acre area. As reflected in the attached Proposed Ordinance, all necessary findings can be made to support the proposed Zoning Map Amendment action.
Environmental Analysis
In accordance with the California Environmental Quality Act (CEQA), an Initial Study/Mitigated Negative Declaration (IS/MND) was prepared for the original commercial development project at this location. The IS/MND identified potentially significant environmental impacts which could occur from development of the project, and feasible mitigation measures to reduce those impacts to a less than significant level. An Addendum to the IS/MND has been prepared in response to the revised project.
CEQA Guidelines Section 15164 provides that an Addendum to a previously prepared IS/MND may be used to make "minor technical changes or additions" that are necessary to assure that the adopted IS/MND is "adequate under CEQA," provided that no new important "issues about the significant effects on the environment" are raised. The project changes would not have any significant effects that were not discussed in the adopted IS/MND, and none of the significant effects identified in the adopted IS/MND would be substantially more severe than were described for the approved project.
A Proposed Resolution is attached and includes all necessary findings for adoption of the referenced Addendum.
Public Comments
Notice for the Planning Commission public hearing was published in the Stockton Record on July 18, 2020, and mailed notice was sent to all property owners within a 300-foot radius at least ten days prior to the July 28, 2020 meeting.
Planning Commission Review
On May 14, 2020, the Planning Commission considered the project and, by unanimous vote, forwarded an approval recommendation to City Council for the California Environmental Quality Act (CEQA) determination, General Plan Amendment, and Zoning Map Amendment. Additionally, the Commission approved an Administrative Use Permit and Design Review, contingent upon approval of the aforementioned items. The mentioned Planning Commission actions are included at Attachment C.
FINANCIAL SUMMARY
The applicant paid the required fees to process the requested development application. There is no financial impact to general funds based on this action.
Attachment A - Project Location
Attachment B - Project Plans
Attachment C - Planning Commission Action