Title
PLN17-0029; Conditional Use Permit; to allow for the sale of beer and wine for off-site consumption from the San Leandro Chevron Station convenience store at 2180 Orchard Avenue; Alameda County Assessor’s Parcel Number 75-102-10-4.; Arash Salkhi, San Leandro Chevron Station (applicant/property owner); IL (S) Industrial Limited District (Special Review Overlay District).
Staffreport
SUMMARY AND RECOMMENDATION
The Applicant is requesting a conditional use permit to allow for the sale of beer and wine for off-site consumption from the existing San Leandro Chevron Station convenience store at 2180 Orchard Avenue. Section 4-1644 of the Zoning Code requires that businesses engaged in the concurrent sale of motor vehicle fuel and alcoholic beverages obtain a conditional use permit. The site is zoned IL(S) Industrial Limited District and is in a Special Review Overlay District. The existing conditional use permits, CU-84-15, PLN2003-00109, and PLN2014-0002 allow for the existing gas station and convenience store to be located at the subject property.
Staff believes that the proposed sale of beer and wine for off-site consumption from the San Leandro Chevron Station convenience store will be compatible with the nearby commercial and industrial uses around Orchard Avenue and Marina Boulevard. With the implementation of the recommended Conditions of Approval, the applicant/property owner will operate and maintain the business in an orderly manner, without detriment or burden to the immediate area, as it relates to the proposed use. Staff recommends that the Board of Zoning Adjustments A) adopt the California Environmental Quality Act categorical exemption, B) adopt the recommended Findings of Fact, and C) approve PLN17-0029 subject to the attached recommended Conditions of Approval.
APPLICANT'S SUPPORTING STATEMENT
See Attached.
RELATIONSHIP TO SURROUNDING AREA
Surrounding properties include an Enterprise car rental establishment and various small industrial businesses to the north and northeast, zoned IL(S) Industrial Limited (Special Review Overlay District); the F.H. Dailey car dealership to the east, zoned IL(S) Industrial Limited (Special Review Overlay District); Peterson Caterpillar to the south across Marina Boulevard, zoned IG(S) Industrial General (Special Review Overlay District); and the Sushi Avenue restaurant and adjacent auto uses, zoned CS(S) Commercial Service (Special Review Overlay District), located to the west, across Orchard Avenue. Properties to the north along Orchard Avenue are zoned RS Residential Single-Family and RD Residential Duplex and include a mix of single- and two-family residential uses. A few blocks to the east and west along Marina Boulevard are a series of commercial uses, including various car dealerships, fast food establishments, and the Marina Square Shopping Center.
BACKGROUND
The subject property is located on the northeast corner of Orchard Avenue and Marina Boulevard and encompasses an area of approximately 14,193 square feet (0.33 acre). The site contains an existing two-story approximately 3,964 square-foot convenience store and a self-service gas station with one canopy containing eight fuel pumps.
The site was originally developed for a Mobil full-service station in the 1970s. Prior to the existing San Leandro Chevron Station, the site was the Marina Gas N Food and Marina Food Mart. The gas station and convenience store at the site have been in continual use since approximately 1985, when construction was completed for the remodeling of the property under CU-84-15, the 1984 use permit approval. In 2003, CU-84-15 was modified by PLN2003-00109, which was also modified again in 2014 by PLN2014-00002 to allow for the redesign of the gas self service station and convenience store to present conditions.
The Board of Zoning Adjustments previously approved a conditional use permit for concurrent beer and wine sales at this location in February, 2015. The prior approval lapsed because the use of beer and wine sales had not been initiated within the mandatory one year period and no time extension was requested prior to the deadline.
DETAILS OF THE PROPOSAL
The applicant/property owner is requesting to sell beer and wine at the existing San Leandro Chevron Station convenience store, which is approximately 2,000 square feet on the ground floor. The type of California Department of Alcoholic Beverage Control (ABC) license they are seeking is a Type 20 which authorizes the sale of beer and wine for consumption off the premises where sold. Within the existing convenience store, the beer and wine will be located in existing coolers located along the rear wall. Further, a non-refrigerated wine display will be located near the existing freezer toward the rear of the store. Sales of the beer and wine would take place during the operating hours of the convenience store from 6:00 a.m. to 10:00 p.m. Chevron estimates that 5-7% of store sales will be from the beer and wine sales.
STAFF ANALYSIS
The subject property is zoned IL(S) Industrial Limited District and is in a Special Review Overlay District. The 1984 use permit stated that the convenience store was justified within the Industrial zoning district as providing supporting commercial services to existing industrial uses. The use permit also noted that “this portion of Marina Boulevard was also more commercial in nature than industrial, especially with the other auto service oriented uses and the restaurant across the street.” This argument is even stronger in the present day with the current General Plan land use designation of General Commercial and the establishment of the Marina Square Shopping Center and multiple car dealerships along Marina Boulevard.
The site falls also into the “S” Special Review Overlay District which was established through Ordinance 97-027 in 1997 to provide for special review criteria for the Marina Entryway area. The proposed use with the existing business meets the district review criteria for the “S” Special Review Overlay District, whose purpose is to encourage uses that “recognize the gate way, industrial/distribution and recreational aspects” and “the regional retail and automobile sales aspects of Marina Boulevard.” The review criteria also states that any new uses in the Marina Entryway be “compatible with industrial and retail establishments.” While the proposed use is not a new use, but an accessory to an existing use, the proposal to add beer and wine sales in the convenience store meets the above criteria for the “S” Overlay District. It should also be noted that Alcoholic Beverage Control (ABC) has not identified an overconcentration of establishments selling alcohol in this area.
Section 4-1644 of the Zoning Code requires that for businesses engaged in the concurrent sale of motor vehicle fuel and alcoholic beverages a conditional use permit shall be obtained. As per the Zoning Code, the following minimum standards apply for the concurrent sale of motor vehicle fuel and alcoholic beverages:
1. No alcoholic beverages shall be displayed within five (5) feet of the cash register or the front door of the establishment, unless it is in a permanently affixed cooler;
2. No sale of alcoholic beverages shall be made from a drive-up window;
3. No display of alcoholic beverages shall be made from an ice tub;
4. No alcoholic beverage advertising shall be located on motor fuel islands or otherwise visible from outside the building in which the alcoholic beverage is sold; and
5. Employees on duty between the hours of 10:00 p.m. and 2:00 a.m. shall be at least twenty-one (21) years of age to sell alcoholic beverages.
In addition to the minimum standards set forth in the Zoning Code and requirements imposed by Alcoholic Beverage Control (ABC), the Board of Zoning Adjustments may impose reasonable and necessary conditions in order to make the required findings. Staff is recommending additional conditions of approval in order to satisfy the required findings, including the following measures:
• Consumption of alcoholic beverages not permitted on-site
• Mandatory training for all cashiers who sell beer and wine
• No sale of beer and wine beverages from the cashier’s security window
• Video recording systems for security and crime prevention
• Participation in the in the San Leandro Police Department’s “Crime-free Business Program”
• Maintenance conditions to keep the property free of litter, debris, weeds, and graffiti, including twice daily monitoring and cleaning of the property and adjacent streets, including gutters
• Prohibition on amusement and video game devices, outdoor sales, and third party vending to discourage loitering
The site and existing structures conform with all development regulations for the IL District, in terms of minimum lot area (14,176 square-feet where 5,000 square-feet is minimum) and setbacks (approximately 60 feet, where 10 feet is required for corner side and front setbacks and zero-lot line, where zero is required for the rear and interior side setback). Currently there are two existing driveways, one from Marina Boulevard and the other on Orchard Avenue, which access the property. The eight off-street parking spaces provided exceeds the number of parking spaces, seven parking spaces, provided in the conditional use permit approved in 1984. Adequate on-site parking and circulation is provided at the site.
Staff recommends that the hours of the convenience store remain as status quo, where public access to the convenience store is no later than 10:00 p.m. Staff has further recommended a condition of approval prohibiting beer and wine sales from the exterior security window. Staff has found the property and landscaping have been well maintained and the plants are in good condition in the planters. No history of code compliance issues have been noted with the property.
The San Leandro Police Department reviewed the proposed use and has no objections since the sale of beer and wine for off-site consumption would be accessory to the convenience store. The San Leandro Police Department has recommended a number of appropriate conditions of approval for the applicant/property owner, some of which are either already in place or will also be required by Alcoholic Beverage Control (ABC).
The main purpose for a conditional use permit review is to ensure that the subject use will not have an adverse impact on a particular neighborhood. Such a review must determine whether the proposed use and the existing neighborhood are compatible. Staff has visited the site and surrounding neighborhood, reviewed the exhibits and description of the proposed beer and wine sales for off-site consumption and believes that, with the recommended Conditions of Approval, the proposed use will be compatible with the existing commercial, light industrial, and residential uses along Orchard Avenue and Marina Boulevard and the immediate area.
The proposed use will be subject to certain limitations to avoid adverse effects on adjacent uses and properties. The existing service station and convenience store will be required to operate in a well-ordered manner. The recommended conditions of approval will maintain the character of the area, promote use of the existing light industrial and commercial area, and prevent potential nuisances.
GENERAL PLAN CONFORMANCE
The property is designated General Commercial in the City’s General Plan Land Use Map. General Commercial areas “corresponds to larger shopping centers, shopping districts, and commercial uses providing a broader range of goods and services and serving a broader market than the neighborhood commercial areas. Allowable uses include but are not limited to supermarkets, department stores, apparel stores, theaters, and non-retail services such as offices and banks. These areas also contain primarily auto-oriented uses such as hotels and motels, car dealerships, auto service and repair businesses, and construction suppliers. The uses are generally designed for the convenience of persons arriving by car” (General Plan page 3-27), therefore, the provision of the concurrent sale of motor vehicle fuel and the sale of beer and wine for off-site consumption from the San Leandro Chevron Station convenience store will be consistent with the City of San Leandro General Plan for this land use designation. In addition, the following General Plan policies would apply:
Policy LU-8.1 - Retail Hierarchy. Maintain a range of retail uses in the City, consisting of: (a) Regional shopping concentrated around the existing centers at Bayfair, Marina Square, and Westgate; (b) Community retail uses centered in Downtown San Leandro, reinforcing the area’s image as the City center; (c) Neighborhood shopping districts located within subareas of the City, providing basic goods and services within easy access of neighborhood residents; and (d) Larger-scale general commercial activities such as building suppliers, lumberyards, and home improvement stores that occur on the edges of industrial areas.
Policy LU-8.5 - Commercial Uses with an Industrial Character. Maintain areas in the City that are appropriate for lumberyards, construction suppliers, automotive repair shops, and other commercial uses that are industrial in character or that typically locate in industrial areas. While development standards in these areas should respect the operational characteristics of these uses, they should still promote aesthetic improvements, adequate buffering for nearby uses, traffic safety, and a more positive visual image.
Policy LU-8.12 - Marina Boulevard. Improve the Marina Boulevard corridor as an east-west connector between Downtown San Leandro and the waterfront. This should include continued investment in regional retail and Auto Mall development between I-880 and San Leandro Boulevard. It should also include the gradual transformation of the area between Merced and Doolittle from industrial to higher value retail, service, and other commercial uses, with accompanying changes to make the street more pedestrian and bicycle friendly. Marina Boulevard should be viewed as the "front door" into San Leandro -- a major gateway that communicates a positive impression of the city.
ENVIRONMENTAL REVIEW
This item is categorically exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines, Article 19, Section 15301 as it is an Existing Facility that involves no expansion; interior alterations; and is not located in an environmentally sensitive area.
PUBLIC OUTREACH
A notice of the August 3, 2017 public hearing was sent to residents, property owners and businesses within 500 feet of the subject property. A legal advertisement was published in the East Bay Times Daily Review and the property was posted with a notice 10 days prior to the Board of Zoning Adjustments meeting. No comments from the public were received at the time of the filing of this report.
RECOMMENDATION
Staff recommends the Board of Zoning Adjustments:
A. Adopt the findings that this project is exempt under the California Environmental Quality Act (CEQA) per CEQA Guidelines, Article 19, Section 15301 for Existing Facilities with no expansion;
B. Approve the attached Recommended Findings of Fact for a Conditional Use Permit for PLN17-0029; and
C. Approve Conditional Use Permit PLN17-0029 subject to the Recommended Conditions of Approval.
ATTACHMENTS
Vicinity Map
Applicant’s Supporting Statement
Pictures
Recommended Findings of Fact
Recommended Conditions of Approval
Exhibit A - Site Plan
Exhibit B - Floor Plan
Exhibit C - Building Elevations
Staff report dated February 5, 2015 (PLN14-0008)
PREPARED BY:
Joseph Balatbat,
Planner I, Planning Services Division