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REQUEST FOR DESIGN REVIEW AND A VARIANCE TO ALLOW A REDUCED FRONT SETBACK FOR A FIRE PUMP STRUCTURE AT AN EXISTING BUSINESS AT 2005 WEST WASHINGTON STREET (APN 145-030-03) (APPLICATION NO. P20-0424)
recommended action
RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution approving Design Review and a Variance to allow a reduced setback associated with the construction of a fire pump structure at an existing business at 2005 West Washington Street, based on findings and subject to conditions in the proposed resolution.
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Summary
The applicant, M&L Commodities, currently operates a cold storage facility at 2005 West Washington Street. A variance is requested to allow the construction of a fire pump structure along the eastern property line, deviating from the required front setback of 10 feet, per Stockton Municipal Code (SMC) Section 16.24.200, Table 2-3. The project was subject to interdepartmental review and the proposed plans are acceptable with proposed conditions of approval. Based on the relevant facts and applicable standards, staff recommends approval.
DISCUSSION
Background
The Applicant, M&L Commodities, operates a cold storage business out of an existing warehouse building located on the northern side of Washington Street just west of Ventura Avenue near the Port (Attachment A - Aerial Map). This site is zoned area, Industrial, General (IG) and is bound to the:
• North by a vacant parcel zoned IG.
• South by existing industrial buildings zoned IG.
• East by existing residential homes zoned Residential, Low (RL) and vacant parcels zoned RL.
• West by existing industrial buildings zoned Port (PT).
Present Situation
The Applicant, M&L Commodities, is requesting a Variance to allow the construction of a fire pump structure, attached to the existing warehouse building along the southerly property line, which deviates from the required front setback of 10 feet, per SMC Section 16.24.200, Table 2-3. The fire pump and structure are necessary to supply an adequate fire sprinkler suppression system for the building. The subject business is at 2005 West Washington Street, which is an IG zoned parcel (Attachment B - Zoning Map).
The structure itself will be placed along the front of the building, occupying two existing parking stalls. It is 17 feet wide by 17 feet deep and 20 feet tall (Attachment C - Site Plan).
Minimal exterior changes to the building are proposed, which require Design Review approval, and relate only to the fire pump structure (Attachment D - Perspective Elevation).
Staff Analysis
When evaluating applications for a Variance, the Planning Commission may grant an adjustment from the requirements of the Development Code governing the following development standards listed in SMC 16.172.030:
A. Dimensional Standards. Dimensional standards including distance-separation requirements, parcel area, building site area/coverage, fence and wall requirements, signs, height vs. setback adjustments, landscape and paving requirements, lighting, parcel dimensions, off-street parking areas, loading areas, open space, setbacks, structure heights, etc. Also including density requirements, including dwelling units per net acre or the minimum number of dwelling units per parcel.
B. Off-Street Parking. Number of off-street parking spaces, loading spaces, landscaping, etc. The Director may grant up to a 20 percent reduction in the number of required off-street parking spaces in compliance with Section 16.64.050 (Adjustments to off-street parking requirements).
C. Other Standards. Other standards including minor operational/performance standards relating to dust, hours of operation, landscaping/parking, light, noise, number of employees, etc. (Ord. 023-07 C.S. Section 119; prior code Section 16-580.030)
The applicant is proposing an adjustment to a Dimensional Standard specific to a front setback (SMC 16.172.030(A)). Therefore, the request for a Variance is applicable in this case.
The existing setback along the front façade of the building ranges from 22’-9” to 24’-2”.
The proposed structure is 17’ wide by 17’ deep. The setback from the structure to the property line would be 6’-3” to 6’-4”. For new construction, the development standards ordinarily require a front setback of 10’ to the face of the building, which is why the Applicant is seeking a variance approval. Also, in this instance the front setback is used to satisfy the parking for the building. Directly in front of the building is a row of parking stalls. The length of these parking stalls is 19’ which leaves approximately 3’-8” to 5’-1” of setback from the end of those stalls to the property line. The addition of the structure along the front of the building is less deep than the existing parking stalls,
It is important to note that the Applicant collaborated extensively with staff to come up with an alternate solution to avoid a variance on the parcel. Multiple locations were considered, including locating the structure on the side of the building, which interfered with traffic circulation, and locating the structure internal to the building, which proved infeasible. The final location of the structure, next to an existing loading dock, proved to be the best fit in terms of access and safety, avoiding potential hazards from vehicular movement in and around the area. This location also resulted in the least amount of parking stalls lost because of the structure.
The Applicant is not seeking a variance for an off-street parking reduction (SMC 16.172.030(B)). Even though the structure will occupy two existing parking spaces, the remaining fifteen (15) stalls along the front of the building, in addition to parking areas at the back of the building, provide sufficient parking for employees and guests of the facility. The facility has seven (7) employees.
There are no additional requests for a variance of other development standards as listed in SMC 16.172.030(C).
The proposed request must also be evaluated against all of the General Findings for a Variance identified in SMC Section 16.172.050 as referenced below. These relate to Special Circumstances, Exceptional Circumstances, Physically Suitable, and consistency with other regulations.
Required Findings
To approve a Variance, the Planning Commission must make all findings at SMC Section 16.172.050. When considering the Variance request, the Commission action is guided by the following criteria:
Variances: General Findings
Special Circumstances
There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, or topography), so that the strict or literal interpretation and enforcement of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts.
M&L Commodities runs its business out of an existing building. The fire pump structure is being included as a minor appurtenance to the front of the building solely to enclose a new fire protection standpipe, so a fire sprinkling system can be provided to the building. There are no financially feasible opportunities elsewhere around or within the building, to incorporate the fire pump structure. Strict interpretation of the Development Code would burden the business such that they could not install a fire suppression system, and therefore be unable to expand their cold storage business. Developers of new construction on a similar parcel would be required to conform to the current Development Code, and therefore would not likely require a variance. They would have the benefit of designing the project from the ground up and would not require a variance. As this variance request is for an existing building, the outright interpretation of the Development Code is a denial of privileges enjoyed by other property owners, effectively disallowing the project.
Exceptional Circumstances
There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties classified in the same zoning district.
The structure was built prior to a requirement for a fire sprinkler suppression system. Water service is provided to the building from Washington Street. The western side of the building is directly next to a railroad track with direct access to the building, limiting the addition of a structure on this side. The eastern side of the building has only enough room for vehicular and truck access. On the rear of the site there is room to construct the fire pump structure, however constructing a dedicated water line over 500’ to the rear of the site is cost prohibitive for the Applicant. The front of the site abutting West Washington Street, has room to accommodate the fire pump structure with the loss of two (2) existing parking spaces. There are 17 existing parking spaces along the front of the building, and a larger paved surface at the rear of the property for truck staging, loading, and off-loading, and parking.
Physically Suitable
The subject site would be physically suitable for the proposed variance.
The site is flat, with a large existing warehouse occupying a majority of the site. The location of the structure for the fire pump is along the front of the building and will be attached to the building. The structure will be located where two existing parking stalls are along the front of the building. These 17 stalls are perpendicular to West Washington Street. Even with the two (2) stall reduction along the front, there is ample parking on-site to comply with the development standards in the Municipal Code. Therefore, the site is physically suitable for the proposed variance.
Granting the variance would:
a. Be necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the variance is sought.
Granting of a variance will enable the owner to install a dedicated fire sprinkler suppression system inside the existing building. The building was not originally equipped with a fire sprinkler suppression system. New construction in the same vicinity and zoning district could likely accommodate and plan for a similar system without the need for a variance through their project design. If denied, the owner will not be able to operate its cold storage facility at this location and would be forced to look elsewhere.
b. Be consistent with the general land uses, objectives, policies, and programs of the General Plan, any applicable specific plan, precise road plan, or master development plan, and the intent of this Development Code.
Approval of a variance would support multiple goals, objectives, and policies in the General Plan. The General Plan designation is Industrial, which supports a wide variety of industrial uses, including uses with nuisance or hazardous characteristics, warehousing, construction contractors, light manufacturing, office, retail sales, service business, public and quasi-public uses, and other similar and compatible uses. M&L Commodities operates a cold storage facility that provides storage of refrigerated and frozen goods to businesses across the nation. General Plan Policy LU-4.2 states “Attract employment - and tax-generating businesses that support the economic diversity of the city.”
c. Not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the same zoning district.
Granting the variance does not change how the business operates or provide a special privilege not available to other businesses located in the Industrial zoning district.
Granting of a variance will enable the owner to install a dedicated fire sprinkler suppression system inside the existing building. The building was not originally equipped with a fire sprinkler suppression system. New construction in the same vicinity and zoning district could likely accommodate and plan for a similar system without the need for a variance through their project design. If denied, the owner will not be able to operate their cold storage facility at this location and would be forced to look elsewhere.
d. Not authorize a use or activity which is not otherwise expressly authorized by the zoning district regulations governing the subject property.
The land use is considered “Warehouse” under Industry, Manufacturing, and Processing Uses in SMC 16.20.020, Table 2-2. Warehouses are permitted by-right in the IG zoning district.
e. Not be detrimental to the public convenience, health, interest, safety, or general welfare of the City or materially injurious to properties or improvements in the vicinity.
Approval of the Variance would not cause detriment to the public convenience, health, interest, safety, or general welfare of the City of materially injurious to properties or improvement in the vicinity. The structure to contain the fire pump is located on the property, does not interfere with traffic or pedestrian movement, and is being installed to support a new fire suppression sprinkler system for the building, making it safer.
f. Be in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines.
As noted below, the proposed action is a Categorically Exempt Use.
Design Review
On February 18, 2021, the Director reviewed the proposed Project site plan, elevations, and colors, and found them to be in compliance with the applicable provisions in the City’s Design Review Guidelines. Following the Director’s review of the plans, the Director has included supported findings in the Resolution and recommends that the Planning Commission approve the Design Review.
Public Comments
In accordance with SMC 16.88.030, notice for this item was published in The Record on March 30, 2021, and a notice has been sent to all property owners within a 300-foot radius of 2005 West Washington Street on March 30, 2021.
Staff has not received any public comments on this project.
Environmental Clearance
The proposed action is a Categorically Exempt use, in accordance with the provisions of Section 15301, Class 1, of the California Environmental Quality Act (CEQA) for existing facilities, as the project is in an existing building with only minor alterations to the site proposed. The action is also not subject to any of the exceptions enabling the use of a Categorical Exemption under CEQA Guidelines 15300.2.
This staff report was prepared by Nicole D. Moore, Planning Manager. She may be contacted at (209) 937-8195 or Nicole.Moore@stocktonca.gov.
Attachment A - Aerial Map
Attachment B - Zoning Map
Attachment C - Site Plan
Attachment D - Perspective Elevation