Title
Consideration of a Conditional Use Permit (CUP) for the operation of a Vehicle Rental use and a Fence Modification to allow a new eight-foot high fence to be installed within the required front setback. Address: 14327-14335 Washington Avenue. APNs: 77B-1222-7-19 and 77B-1222-7-20. Zoning District: CC(AU) Community Commercial, Assembly Use Overlay. Applicant: Don Pierce, Avis Budget Group. Property Owner: Robert P. Battinich. (Continued from August 1, 2024)
Staffreport
SUMMARY AND RECOMMENDATIONS
The applicant, Don Pierce, representing Avis Budget Group (Avis), is requesting a Conditional Use Permit to establish a Vehicle Rental use at an approximately 0.75-acre site at 14327-14335 Washington Avenue. Zoning Code Section 2.08.200 requires a Conditional Use Permit (CUP) for Vehicle Rental uses in the CC(AU) (Community Commercial with Assembly Use Overlay) Zoning District. Additionally, the applicant is requesting a Fence Modification to allow an eight-foot high fence to be installed in the required front setback.
Staff recommends that the Planning Commission adopt the attached Resolution, approving a Conditional Use Permit request for the establishment of a Vehicle Rental use and a Fence Modification to allow an eight-foot high fence in the required front setback at 14327-14335 Washington Avenue (PLN23-0016), based on the recommended Findings of Fact and subject to the recommended Conditions of Approval.
BACKGROUND AND RELATIONSHIP TO SURROUNDING AREA
The project site is made up of two parcels, which, together, measure approximately 0.75-acres. The project site contains several small buildings, is primarily paved, and backs up to a Union Pacific Railroad line. The site was previously occupied by a trucking company and has been vacant since 2020.
The site is part of the “Mid-Washington Business District” which is identified in the General Plan Land Use Element as a mixed-industrial and commercial district envisioned to be a “diverse business corridor including a variety of uses, including manufacturing, warehousing and distribution, heavier commercial activities, and general commercial and service uses.” The current zoning for project site is CC(AU) (Community Commercial with Assembly Use Overlay), but it was previously zoned IG (Industrial General).
There is a public storage facility across the street from the property, and several construction suppliers, warehouses, and automotive repair businesses are located nearby. A recently approved industrial warehouse development at 14143 Washington Avenue is located several parcels north of the project site. The nearest residential properties are located approximately 150 feet southwest of the site. The residential development is separated from the site by the Union Pacific tracks and the corporation yard for the San Leandro Public Works Department.
PROJECT PROPOSAL
The applicant is proposing to establish a Vehicle Rental facility for Avis, a vehicle rental company, which includes brands such Budget and ZipCar. Avis formerly operated a Vehicle Rental facility at 390 Doolittle Drive, which closed several months back. If approved, this new facility would allow Avis to maintain its presence in San Leandro.
The business would be open seven days a week, from 8:00 a.m. to 5:00 p.m. on weekdays and to 2:00 p.m. on weekends. Vehicle pick-ups and returns would occur during business hours, and vehicles would be fueled off-site; no vehicle repair work would occur at this location. Avis anticipates that two to three employees will work at this location on a typical day, that number may increase to seven during times of high demand. Additional information about the business was provided by the applicant and is included as Exhibit A to Attachment 1.
Avis is proposing to utilize the existing buildings for their operations. The project would use the building closest to Washington Avenue for their office and customer counter, the two buildings directly behind it for storage, and the southernmost building for vehicle washing. The site would be restriped to accommodate 37 automobile parking spaces (17 guests/employees and 20 rental car spaces), 11 truck parking spaces, and five bike parking spaces would be installed by the front office.
New tubular steel fencing, up to eight feet in height, is also proposed along the front of the property. The new fencing would replace existing dilapidated chain link fencing with barbed wire. New gates would be installed in front of the three existing driveways along Washington Avenue. The northernmost driveway would have both ingress and egress, and the two driveways to the south would be reconfigured to allow for one-way in and one-way out. Pedestrian access to the site would be through a new man-gate by the front office, between two of the driveways. A detailed site plan is provided in Exhibit B to Attachment 1.
STAFF ANALYSIS
Conditional Use Permit
Land Use Compatibility
The applicant’s proposed Vehicle Rental use was analyzed by staff to be appropriate for the site and compatible with the surrounding area, with the implementation of the recommended conditions of approval. The proposed use would not generate impacts that would disturb adjacent industrial and commercial uses. No major changes to the site are necessary to accommodate proposed operations. Engineering and Transportation Division staff has reviewed the circulation and parking layout for the site and has found that the operation would not impact the public right-of-way.
The project has been reviewed by the Alameda County Fire Department, Engineering & Transportation Division, Building Division, and Environmental Services Division to ensure that the proposal would meet applicable health and safety requirements. Conditions of approval from these departments and agencies are included as part of the draft Resolution for the project (Attachment 1).
Development Regulations
The proposed development would be consistent with applicable zoning regulations.
Setbacks
The existing buildings on site meet the current setback requirements in the Zoning Code, except for a portion of the building closest to Washington Avenue, which does not meet the current front setback standard of 10 feet. However, the building is a legal non-conforming structure, and the minor modifications proposed do not require that changes be made to the building to conform with setback requirements.
Parking
The site has adequate parking (37 automobile parking spaces, 11 truck parking, and five bicycle parking spaces) to meet the minimum parking requirements in the Zoning Code. The Zoning Code requires one space per 400 square feet of floor area, which results in a minimum parking requirement of 13 parking spaces for the project. The proposed use is not a high traffic or parking generator due to the specialized nature of the business and the low number of employees on-site at any one time.
Site Circulation
Engineering and Transportation Division staff has reviewed the circulation and parking layout for the site and has found it adequate to safely serve the proposed use. A condition of approval has been added to require all vehicular access gates to be open during business hours to prevent vehicles entering the site from blocking traffic on Washington Avenue.
Lighting
Although the applicant has indicated that existing lighting meets their needs, staff is recommending a condition of approval to require sufficient lighting be provided to ensure adequate site security, as determined by the Zoning Enforcement Official. Additionally, all lighting will be required to be down shielded to not cast light on adjacent properties.
Fence Modification
The applicant is proposing a new, approximately eight-foot tall, tubular steel fence along the front property line on Washington Avenue to replace an existing dilapidated chain link fence with barbed wire. Zoning Code Section 4.04.364.B.1 limits the height of a fence to a maximum of three feet in the required front yard, unless authorized through a Fence Modification application. Granting of the Fence Modification would support site security for the proposed Vehicle Rental use, which includes outdoor storage of vehicles.
The proposed fence would be constructed with a high-quality material (tubular steel) and would enhance the appearance of the property from the public right-of-way. The proposed eight-foot fence height would be consistent with surrounding industrial properties in the Mid-Washington Business District. The fence has been designed to accommodate the driveway visibility requirements of the Zoning Code.
Staff has included a condition of approval, at the applicant’s request, to allow the fence to be installed within one year of the approval of the Conditional Use Permit. This would allow the applicant to start operations, while concurrently taking steps to design, obtain permits, fund, and install the fence. In the interim, the applicant would be required to make temporary improvements to the existing fence, such as removing existing barbed wire and making modifications, as needed, to meet driveway visibility requirements.
Staff is also recommending a condition of approval to require new water efficient landscaping of native ground covers and low bushes to be installed in areas between the new fence and front property line (where applicable), consistent with the landscaping requirements in the Zoning Code.
Finding of Facts
To approve the Conditional Use Permit and Fence Modification application, the Planning Commission must make findings of facts and determinations pursuant to Zoning Code Sections 5.08.124 and 4.04.364.D.3. Staff has analyzed the proposal and determined that the following required findings can be made.
Conditional Use Permit (Zoning Code Section 5.08.124)
1. The proposed location of the use is in accord with the objectives of this Code and the purposes of the district in which the site is located.
The proposed use is consistent with the CC(AU) Zoning District, which allows for Vehicle Rental as a conditionally permitted use. The establishment of the proposed use on a vacant underutilized site supports efforts to revitalize and encourage investment in the Mid-Washington Business District to become a “diverse business corridor including a variety of uses, including manufacturing, warehousing and distribution, heavier commercial activities, and general commercial and service uses.”
2. The proposed location of the use and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan; will not be detrimental to the public health, safety or welfare of persons residing, or working in, or adjacent to, the neighborhood of such use; and will not be detrimental to properties or improvements in the vicinity, or to the general welfare of the City.
As noted below, the project is consistent with the City’s General Plan, which supports a range of industrial and commercial uses at this location. The recommended conditions of approval would ensure that the proposed use would not be detrimental to properties or to the general welfare of the City.
3. The proposed use will comply with the provisions of this Code, including any specific condition required for the proposed use in the district in which it would be located.
The proposed project, as conditioned, is consistent with the applicable development standards of the Zoning Code. The proposed site improvements have been designed to complement surrounding land uses.
4. The proposed use will not create adverse impacts on traffic or create demands exceeding the capacity of public services and facilities, which cannot be mitigated.
The proposed use would not create adverse impacts on traffic nor create demand exceeding the capacity of public services. The project would be required to pay impact fees, offsetting its impacts to traffic, is in an urban area already served by the Alameda County Fire Department and San Leandro Police Department, and would not generate demands on the City’s park system.
Fence Modification (Zoning Code Section 4.04.364.D.3)
1. The fence is not detrimental to adjacent property;
The proposed fence would be located entirely on the subject site and would therefore not impact adjacent properties.
2. The fence is compatible with the neighborhood in terms of aesthetics;
The proposed fence would be made of a high quality material (tubular steel) and has been designed to be consistent with fencing for similar developments in the area.
3. The fence does not create a sight distance hazard; and
The proposed fence meets the City’s driveway visibility requirements and would not create a sight distance hazard.
4. The fence is not detrimental to the public health, safety, or welfare.
The proposed fence would provide additional security to the project site, enhancing public health, safety, or welfare.
GENERAL PLAN CONFORMANCE
The property has a General Plan (GP) designation of Industrial-Transition. The Industrial-Transition land use designation supports a diverse mix of both industrial and commercial uses, and the proposed Vehicle Rental use would be consistent and compatible with the mix of those envisioned uses. In addition, the following General Plan policies will apply:
• Land Use Policy LU-7.11 - Mid-Washington Business District. Sustain the mid-Washington corridor between San Leandro Boulevard and Halcyon Drive/ Floresta Boulevard as a mixed industrial and commercial district. While the existing commercial zoning may be retained in this area, it is envisioned as a diverse business corridor including a variety of uses, including manufacturing, warehousing and distribution, heavier commercial activities, and general commercial and service uses.
• Land Use Policy LU-7.2 Adaptive Reuse. Encourage private reinvestment in vacant or underutilized industrial and commercial real estate to adapt such property to changing economic needs, including the creation of flex/office space and space for technology-driven businesses.
ENVIRONMENTAL REVIEW
This proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines, Existing Facilities.
PUBLIC OUTREACH
A notice of public hearing was published for this project in the East Bay Times Daily Review newspaper, mailed to property owners within 500 feet of the subject property, and posted at the Project Site and City Hall. As of the published time of this report, no comments were received.
RECOMMENDATION
The proposed use and fence, as conditioned, conforms to the City’s Zoning Code and General Plan. Staff therefore recommends that the Planning Commission adopt the attached resolution and approve PLN23-0016, Conditional Use Permit to allow a Vehicle Rental use and a Fence Modification to allow for a new eight-foot high fence to be built within the required front setback at 14327-14335 Washington Avenue, based on the recommended Findings of Fact and subject to the recommended Conditions of Approval.
ATTACHMENTS
Attachment 1: Resolution 2024-XXX
Exhibit A: Operational Statement
Exhibit B: Project Plans
PREPARED BY:
Binh Nguyen
Associate Planner
Planning Division