Title
PLN22-0051; Consideration of a Conditional Use Permit to allow for the sale of beer and wine for off-site consumption at an existing gas station at 1935 Washington Avenue. Zoning District CC(H), Commercial Community (Housing Overlay); Alameda County Assessor’s Parcel Number 075-073-001-03.; Salvador Soto (applicant); Christopher Dabit (property owner).
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 U.S. Gas Station convenience store at 1935 Washington Avenue, which is located in the CC(H), Commercial Community (Housing Overlay) Zoning District. Zoning Code Section 4.04.228 requires that businesses engaged in the concurrent sale of motor vehicle fuel and alcoholic beverages obtain a conditional use permit from the Board of Zoning Adjustments.
Staff recommends that the Board of Zoning Adjustments consider the request and make the necessary findings prior to approving the Conditional Use Permit. The recommended Conditions of Approval address the minimum standards for approval outlined in Zoning Code Section 4.04.228 to ensure the applicant/property owner will operate and maintain the business in an orderly manner, without detriment or burden to the immediate area.
RELATIONSHIP TO SURROUNDING AREA
The site is located in the CC, Commercial Community, Zoning District and is in a Housing (H) Overlay Zone, which permits multi-family and mixed-use housing as permitted uses. The site is surrounded by sites in the CC(H) District to the east and south, the Downtown (DA-2) District to the north, and Residential Duplex (RD) District to the west. Surrounding properties include multifamily residential buildings north across Castro Street and immediately west of the site. Single family residences are located northeast of the site across Washington Avenue and Castro Street. A self-serve car wash is adjacent to the south of the site. North and south along Washington Avenue is a mix of small commercial buildings, single family residences, and multifamily buildings.
BACKGROUND
The subject property is located on the southwest corner of Washington Avenue and Castro Street and encompasses approximately 15,657 square feet (0.36 acre). The site contains an existing 1,148-square-foot convenience store and a self-service gas station with one canopy and eight fuel pumps. The gas station received Conditional Use Permit approval in 1964 and was built in 1966.
Zoning Code Section 4.04.228 requires that businesses engaged in the concurrent sale of motor vehicle fuel and alcoholic beverages obtain a conditional use permit from the Board of Zoning Adjustments.
DETAILS OF THE PROPOSAL
The applicant and property owner are requesting permission to sell beer and wine for off-site consumption at the existing 1,148-square-foot convenience store. They intend to apply for a Type 20 license from the California Department of Alcoholic Beverage Control (ABC), which authorizes the sale of beer and wine for consumption off the premises where it is sold. 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.
STAFF ANALYSIS
At this time, there are seven gas stations in San Leandro that also sell beer and wine. The Department of Alcoholic Beverage Control (ABC) has identified an overconcentration of establishments selling alcohol in this area in all San Leandro census tracts. In order to obtain a Type 20 license from ABC, the applicant will also need a Public Convenience and Necessity letter from the City of San Leandro, an administrative action. Should the Board of Zoning Adjustment approve the Conditional Use Permit, staff will prepare a Public Convenience and Necessity letter for ABC.
In accordance with Section 4.04.228 of 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; and.
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.
In addition to the minimum standards set forth in the Zoning Code and requirements imposed by ABC, the Board of Zoning Adjustments may impose reasonable and necessary conditions in order to make the required findings.
Staff recommends that the hours of the convenience store remain as status quo, where public access to the convenience store is between 6:00 a.m. and 10:00 p.m.
The San Leandro Police Department has reviewed the proposed use and recommends several conditions of approval in order to satisfy the required findings, as shown in Exhibit B to the draft Resolution includes as Attachment A to this staff report.
Additional conditions are recommended to address deferred maintenance on the site. The site has a small landscape area at the intersection, where the signage is located. There is a palm tree in this area, but no other organized landscaping. There are narrow landscape strips along the westerly and southerly property lines and along a portion of the Washington Avenue frontage. The landscaping in these areas includes some trees and shrubs, but does not appear to be maintained. Additionally, there is a chain link fence along the southerly property line with slats. The fence and slats are in poor condition. Staff recommends that landscaping be installed and maintained and that the fencing be replaced and maintained to ensure the gas station is not detrimental to the area.
Compliance with the Zoning Code and conditions of approval will allow the proposed use to be compatible with the existing residences and businesses in the immediate area.
GENERAL PLAN CONFORMANCE
The property is designated MUC, Corridor Mixed Use, in the General Plan and is identified in a Retail Service District in the General Plan Land Use Element. The MUC designation allows a range of commercial and office uses that serve neighborhood and community needs and encourage bicycling and walking (General Plan page 3-30), 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 is consistent with the City of San Leandro General Plan for this land use designation. In addition, the proposal is consistent with the following General Plan policy:
Policy ED-4.1 Retail Diversity. Encourage a diverse range of commercial uses, offering goods and services that fully meet the needs of San Leandro residents and businesses. The City should recruit new businesses that: (a) fill gaps in the range of goods and services currently available; and (b) act as catalysts for attracting other retailers to the City.
Policy ED-4.4 Business District Improvements. Encourage upgrades to the appearance of businesses and the condition of properties in the city’s business districts.
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 April 6, 2023, 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 that the Board of Zoning Adjustments:
A. Consider Adopting Resolution 2023-004 with Recommended Findings of Fact and Conditions of Approval; the findings that this project is exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines, Article 19, Section 15301 for Existing Facilities with no expansion;
B. Approve Conditional Use Permit PLN22-0051 subject to the Recommended Conditions of Approval.
The use as proposed conforms both to the City Zoning Code and to the policies contained in the General Plan. Any potential issues associated with the application will be addressed by the implementation of the Findings of Fact and recommended Conditions of Approval.
ATTACHMENTS
Attachment A: Resolution 2023-004
Exhibit A:Recommended Findings of Fact
Exhibit B: Conditions of Approval
Exhibit: Site Plan and Floor Plan
Attachment B: Vicinity Map
PREPARED BY:
Cindy Lemaire, AICP CNU-A
Senior Planner