5.1 - City of Elk Grove

Transcription

AGENDA ITEM NO. 5.1
Planning Commission Staff Report
June 19, 2014
Project:
File:
Request:
Elk Grove 76 / 7-Eleven
14-005
Minor Design Review and Variance to rebuild a food mart
building and gas island canopy at an existing fueling station
site.
Location: 8475 Elk Grove Blvd.
APN:
125-0010-005
Staff:
Nathan Anderson
Owner/Applicant
NNH Enterprises
Nadeem Ijaz (Representative)
8655 Brahma Way
Elk Grove, CA 95624
Agent
Sutton & Associates
Steve Sutton (Representative)
65 Quinta Court
Sacramento, CA 95823
Staff Recommendation
Staff recommends that the Planning Commission adopt a Resolution:
1. Finding no further CEQA review is necessary for the Elk Grove 76/7-Eleven Project (EG-14005) pursuant to Section 15332 of Title 14 of the California Code of Regulations (State
CEQA Guidelines); and
2. Approving the Elk Grove 76/7-Eleven Project (EG-14-005) subject to the findings and
conditions of approval included in the proposed resolution (Attachment 1).
Project Description
The Applicant is requesting a Minor Design Review to construct a new 2,808 square foot food
mart building and 3,182 square foot service gas canopy with six new gas dispensers. The existing
service station building and canopy will be demolished. The project includes a Variance to
deviate from the building setbacks, a required landscape planter area, and access/circulation
requirements. While a Minor Design Review may be approved by the Zoning Administrator, the
addition of the Variance as part of the Project elevates the matter to the Planning Commission
for review and decision.
Background
In 2008, Project EG-08-002 was submitted to the Planning Department. The Project proposed a
rezone of the site from Limited Commercial (LC) to Shopping Center (SC), which would permit
service station uses by right. The Project also included a Design Review to construct a new 2,484
square foot food mart building and 3,182 square foot service gas canopy with six new gas
dispensers. The existing building and canopy were proposed to be demolished. According to
the property owner, the existing service station was originally constructed around 1970, prior to
the City’s incorporation. There are no records on file pertaining to the original entitlements for this
project.
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Elk Grove Planning Commission
Elk Grove 76 / 7-Eleven (EG-14-005)
June 19, 2014
Page 2
Project EG-08-002 was approved by Planning Commission on March 19, 2009 and adopted by
the City Council on April 22, 2009. However, the Design Review permit was not exercised within
three years of the final approval and thus expired in accordance with Chapter 23.18.030 of the
Municipal Code. Because the Design Review expired, no building permits for construction of the
Project may be issued.
The new proposed Project is nearly identical to the previously approved project. Changes to the
Project include the following:
1. The food mart building is proposed to be approximately 300 square feet larger than the
originally approved building; and
2. The proposed building colors have been modified to reflect current corporate color
palettes. The project proposes three Variances, which are identical to those approved as
part of EG-08-002.
Project Setting
This Project site is located at 8475 Elk Grove Boulevard, west of State Route 99. The site is currently
occupied by a 1,601 square foot food mart building and a 1,589 square foot canopy with four
gas dispensers. Table 1 identifies the existing conditions, General Plan designations, and Zoning
designations for the subject property and neighboring properties.
Project Site
North
South
West
East
Table 1: Project Site and Surrounding Land Use Designations
Existing Uses
General Plan
Gas Station & Canopy
Commercial
Shopping Center
Commercial
Gas Station & Canopy
Commercial
Shopping Center
Commercial
State Route 99/ Shopping Center
Commercial
Figure 1: Vicinity Map
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Zoning
LC
GC/LC
LC
GC/LC
LC
June 19, 2014
Page 3
Figure 2: Aerial Map
Analysis
The proposed Project has been reviewed in accordance with the City’s General Plan, Title 23 of
the Municipal Code (herein after the Zoning Code), and the City’s Design Guidelines, The
proposed project is consistent with the development standards of the Zoning Code and other
design requirements as described below.
Service Station Standards
Chapter 23.72 of the Zoning Code regulates the design and operation of service stations. The
table below provides a summary of the proposed project and its consistency with the
requirements of the Zoning Code.
Development
Classification
Minimum Lot
Size
Lot
Coverage
Table 2: Zoning Code, Article V, Chapter 23.72
Automobile Service Stations (23.72)
Minimum lot size is 15,000 square feet
Maximum lot coverage for service
station including canopy is 40 percent
of the total lot size. No more than 20
percent of the total area shall be
covered by the canopy
Proposed Project
Consistent?
Gross Site Area- 30,947
square feet
40 percent = 12,278.
Food Mart building- 2,808
square feet, Canopy3,182 square feet.
Total- 5,990 square feet
Yes
Yes
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Development
Classification
Setbacks
Proposed Project
Consistent?
30 feet from any public right of way,
15 feet of any interior parcel line.
North- 15 feet
South- 30 feet
West- 15 feet
East- 15 feet
15 percent of the site shall be
landscaped, concentrated at the
perimeter of the site. Street frontage
landscaping shall be a minimum of 15
feet and minimum 5 foot wide
landscape planter areas shall be
provided adjacent to other property
lines.
No more than two exterior points of
access. No more than 35 percent of
the street frontage shall be devoted
to curb cuts. Throat depth of 50 feet.
North- 0 feet
South- more than 30 feet
West- more than 15 feet
East- more than 15 feet
Consistent
upon
approval of
the
requested
Variance
Consistent
upon
approval of
the
requested
Variance
Pedestrian
Access
A minimum of one continuous 4-foot
wide internal pedestrian walkway
Building
Placement
and
Orientation
Buildings shall be placed close to the
street and oriented to public view.
Building And
Canopy
Design
Architecturally compatible to the
surrounding area. The maximum
height for all service station buildings
(including canopy) shall be 25 feet.
The maximum height of the canopy
clearance shall be 15 feet and the
maximum width of the canopy fascia
shall be 30 inches. The canopy fascia
shall match the color and texture of
the primary building.
Parking
5 spaces for the first 1,000 square feet,
plus 1 space/300 square feet
thereafter
Lighting
Constructed with full shielding.
Canopy lighting shall be recessed.
Provides special paving
for Pedestrian access
from canopy to food
mart.
Using existing site. The
building is oriented to
public view. Maintain
appropriate access for
fire truck and tanker
truck.
Maximum height for
building- 17’10” feet.
Maximum height for
canopy 21’4” with height
of the clearance 15 feet
and fascia 30 inches. The
canopy and building
color and texture match
(see below for more
information on the
materials and colors)
Required- 10 spaces
Provided- 10 standard
spaces, 1 handicap and
2 bicycle racks
Using the existing lighting
Landscaping
Access/
Circulation
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North- 0 feet behind
building; more than 5
feet on sides of the
building
South- 36 feet landscape
corridor.
West- 5 feet
East- 5 feet
Using the existing two
driveways along Elk
Grove Blvd with approval
from Public Works.
Consistent
upon
approval of
the
requested
Variance
Yes
Yes
Yes
Yes
Yes
June 19, 2014
Page 5
Development
Classification
Noise
All outdoor speakers and video/audio
pump stations and sound signals
associated with the service stations
shall be turned off daily between the
hours of 10:00 pm and 7:00 am.
Proposed Project
No residential zones
within 500 feet,
surrounded by other
commercial use.
Consistent?
Yes
Design Review
Chapter 23.72 of the Zoning Code and the City’s Non-Residential Design Guidelines identify the
standards for development on the Project site. Staff has reviewed the proposed site plan and
building elevations for consistency with the standards and requirements, and has determined
the Applicant’s proposal is consistent with those standards.
The proposed Project includes a new 2,808 square foot food mart building and a new 3,182
square foot gas island canopy. The existing building and canopy will be demolished prior to any
new construction. The fuel island canopy will have six fuel dispensers, which will be located in
front of the store building. There will be pedestrian access, distinguished with special paving,
from the canopy to the mini-mart, as well as a pedestrian pathway from the mini-mart to Elk
Grove Boulevard.
Consistent with the Citywide Design Guidelines (Chapter 5B), the materials and colors of the
building and canopy will match one another. In addition, the building architecture and
materials are consistent with the adjacent shopping center. The colors for both the building and
canopy are earth tones with different shades of browns. The roof will be a brick red tile, which is
a similar material to the roof on the adjacent center. There will be a variety of landscaping on
the perimeters of the site to help screen the service station from the surrounding uses and
minimize the amount of concrete used on site.
Figure 3: Color Elevations
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The access to the site will be from the two existing driveways on Elk Grove Boulevard. Public
Works conditioned the existing driveways to be modified so that the easterly driveway is an
entrance only and the westerly driveway is an exit only. The modified configuration will ensure
adequate traffic flow on Elk Grove Boulevard. For other modes of transportation, there will be
pedestrian access from the canopy to the food mart, distinguished with special paving, and will
also be connected to a pathway from Elk Grove Boulevard. Additionally, two bike racks are
provided in front of the building.
Variance
As proposed, the Project is consistent with the majority of the Zoning Code standards as
indicated in Table 2 above. The Applicant is requesting a Variance for the rear building
setbacks, landscaping planter reduction, and access/circulation requirements. The need for a
Variance is related to the size of the lot, location, and fire and tanker truck radius requirements.
This request provides the opportunity to improve the facilities while allowing the business to
continue operation as a service station with improved building architecture and site
improvements.
Figure 4: Site Plan
Setbacks
Pursuant to the Zoning Code, service stations are required to have a building setback of 30 feet
from the public right-of-way and 15 feet from all interior property lines. The proposed gas island
canopy complies with the required setbacks; however, the food mart building does not. The
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building is proposed to be on the property line (0 foot setback) on the north side of the site. This
request will allow for accommodation of the tanker and emergency vehicle access
requirements by providing additional maneuvering space between the food mart building and
the gas island canopy. Staff supports this request due to the special circumstances of the size of
the property and the 50 foot distance from the nearest building within the adjacent shopping
center. In addition, the building will utilize trellis with creeping fig on the rear wall to decrease
visual impact to surrounding uses. Therefore, the Project will not adversely affect the property
owners in the vicinity. If the building was setback 15 feet from the property line, this would create
space that would be hidden from the public view, resulting in safety concerns.
Landscaping
Pursuant to Chapter 23.72, a 5-foot landscape planter on the perimeter of the interior property
and a 15-foot landscape corridor along Elk Grove Boulevard are required. Due to the unique size
and location of the Project site, and due to the location of the building along the northern
property line, a Variance is necessary to eliminate the required 5-foot landscape planter along
the northern property line. While the requested planter width reduction is necessary to allow for
improvement of the property to current development standards, this reduction will not provide
any special privilege that is inconsistent with other surrounding properties because a similar
variance was approved by the City Council for the BP Arco Gas Station across the street from
the Project site, which had similar lot size and setback issues. The proposed Project will improve
the existing facilities while providing a safe environment, consistent with the surrounding uses.
Access/Circulation
There are currently three existing vehicular access points into the parcel. Two driveways are
located on Elk Grove Boulevard and one driveway is accessible from the west side of the
property, connecting through the shopping center. As part of the variance, the property owner
has requested that the two existing driveways on Elk Grove Boulevard remain in the current
location and at their current width. This request will allow for adequate access for gas tanker
trucks and the general public as well as accommodate the existing 69kv power service. Public
Works reviewed and is supportive of this request with the inclusion of specific conditions. The
conditions pertaining to the driveways include a reconfiguration of the driveways to become
right- in only and right-out only and the configuration of these driveways, including approved
width, striping, signage, etc., would be evaluated at Improvement Plan review.
As for the third driveway from the adjacent property, a prior agreement for the reciprocal
access expired in 2010. Unfortunately, according to the property owner, he could not extend
the agreement to continue the access from this driveway. However, a pathway and landscape
planter will be installed to cover the driveway on the west side of the property, which will
continue to be consistent with the surrounding uses.
The Zoning Code requires that no more than 35 percent of the street frontage shall be devoted
to curb cuts. The frontage of the site is approximately 150 feet, meaning that a maximum of 52.5
feet may be devoted to curb cuts. The two existing driveways on the site provide approximately
75 feet of curb cuts (50 percent). The applicant is proposing to utilize these existing driveways in
order to provide adequate access and turn radii for gas tanker trucks (Figure 5). The driveways
will be striped for normal vehicles to utilize only 40 feet (27 percent) of the frontage.
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Figure 5: Tanker Truck Access Plan
The Zoning Code requires a minimum throat depth for driveways for service stations of 50 feet.
The existing driveways have a 21-foot throat depth. The Project proposes to increase the throat
depth to approximately 28 feet for the two modified driveways along Elk Grove. This reduced
throat depth is necessary to accommodate all of the required site improvements consistent with
current development standards as well as fuel tanker and fire truck turning radius requirements
described above. Additionally, the proposed Project would actually increase the existing throat
depth by approximately 7 feet.
According to the Zoning Code, the internal circulation system shall allow for vehicle stacking
without blocking ingress and egress on or off the site. The pump island is required to be situated
to provide stacking space for a minimum of two vehicles behind the vehicle parked at the
pump closest to the entrance and/or exit driveway. The proposed Project design (as well as the
existing site design) does not allow for stacking space for two vehicles without blocking the
ingress and egress to or from the site. However, as stated previously, the configuration of the site
will actually increase the stacking space beyond that of the existing service station. Public Works
has reviewed by the reduced throat depth and the proposed design of the internal circulation
system and has not expressed concern that the project as proposed would create an unsafe
situation. Their analysis is based upon the unique conditions of the site explained previously, such
as the size of the lot, location, and fire and tanker truck radius requirements, as well as a review
of the current operation.
Letters from Commenting Agencies
This Project was routed to various City, County, and State agencies for review. No issues of
concern were identified by these agencies. Comments from agencies have either been
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addressed through the processing of the Project or have been included as draft conditions of
approval in Attachment 1.
Environmental Analysis
The California Environmental Quality Act (Section 21000, et. seq. of the California Public
Resources Code, hereafter CEQA) requires analysis of agency approvals of discretionary
“projects.” A “project,” under CEQA, is defined as “the whole of an action, which has a
potential for resulting in either a direct physical change in the environment, or a reasonably
foreseeable indirect physical change in the environment.” The proposed project is a project
under CEQA.
Staff has reviewed the project and determined that it is categorically exempt from California
Environmental Quality Act (CEQA) review pursuant to CEQA Guidelines section 15332 (In-Fill
Development Projects). Class 32 specifies that projects characterized as in-fill development
meeting the conditions described as below:
a) The project is consistent with the applicable general plan designation and all applicable
general plan policies as well as with applicable zoning designation and regulations.
b) The proposed development occurs within city limits on a project site of no more than five
acres substantially surrounded by urban uses.
c) The project site has no value as habitat for endangered, rate or threatened species.
d) Approval of the project would not result in any significant effects relating to traffic, noise,
air quality, or water quality.
e) The site can be adequately served by all required utilities and public services.
The 0.71 acre site accommodates an existing service station within the City limits surrounded by
other commercial uses. The proposed project consists of a new food mart and gas island
canopy. The existing structures will be demolished. Therefore, no special circumstances exist that
would create a reasonable possibility that the proposed project will have an adverse effect on
the environment. No further environmental review is required.
Recommended Motions
Should the Planning Commission agree with staff’s recommendation, the following motion is
suggested:
“I move that the Planning Commission adopt a resolution finding the Elk Grove 76 / 7-Eleven
Service Station (EG-14-005) exempt from CEQA pursuant to State CEQA Guidelines Section
15332 and approving the Elk Grove 76 / 7-Eleven Service Station Project (EG-14-005), subject
to the findings and conditions of approval contained in the draft resolution.”
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Findings
CEQA - Exemption
Finding: The project is categorically exempt from the California Environmental Quality Act
(CEQA) review pursuant Section 15332 of Division 6 of Chapter 3 of Title 14 of the California Code
of Regulations (State CEQA Guidelines).
Evidence: The proposed project is exempt from CEQA under Section 15332 of Title 14 of the
California Code of Regulations (State CEQA Guidelines). The 0.71 acre site accommodates an
existing service station within the City limits surrounded by other commercial uses. The proposed
project consists of a new food mart and gas island canopy. The existing structures will be
demolished prior to new construction. Therefore, no special circumstances exist that would
create a reasonable possibility that the proposed Project will have an adverse effect on the
environment. No further environmental review is required.
Design Review
Finding: The proposed Project is consistent with the objectives of the General Plan, complies with
applicable Zoning regulations, Specific Plan provisions, Special Planning Area provisions,
Citywide Design Guidelines, and Improvement Standards adopted by the City.
Evidence: The site plan and building elevations have been reviewed in accordance with the
General Plan, Zoning Code, and Citywide Design Guidelines. It is concluded that the Project’s
architecture and site planning meet all applicable development standards prescribed by the
Zoning Code, specifically Chapter 23.72, which regulates Service Stations. With the exception of
the Variances discussed above, the Project meets the setback requirements, landscaping
requirements pursuant to the conditions of approval, lighting, access, and parking requirements
by providing adequate parking.
Finding: The proposed architecture, site design, and landscape are suitable for the purposes of
the building and the site and will enhance the character of the neighborhood and community.
Evidence: The proposed architecture, site design, and landscaping are suitable for the buildings
and site and will enhance the character of the neighborhood. The colors for both the building
and canopy are earth tones with different shades of browns. The roof will be a brick red tile,
which is a similar material to the roof on the adjacent center. There will be a variety of
landscaping materials on the west side and rear of the building, which will screen the building
from the surrounding uses. In addition, there will be landscaping on the perimeters of the site to
screen the service station from the surrounding uses and minimize the amount of concrete used
on site.
Finding: The architecture, including the character, scale and quality of the design, relationship
with the site and other buildings, building materials, colors, screening of exterior appurtenances,
exterior lighting and signing and similar elements establishes a clear design concept and is
compatible with the character of buildings on adjoining and nearby properties.
Evidence: The architecture complies with the surrounding uses, the colors and materials are
consistent with the nearby shopping center. The building is oriented towards the public right-ofway and the site will use the existing lighting.
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Finding: The proposed Project will not create conflicts with vehicular, bicycle, or pedestrian
transportation modes of circulation.
Evidence: The proposed Project includes pedestrian access from Elk Grove Blvd, which will
provide for and will not create conflicts with pedestrian transportation. Vehicular circulation is
provided for throughout the site and the site provides 10 standard and 1 handicap parking
spaces which meets the City parking standards. The Project provides 2 bicycle parking spaces
which meets the City requirements as well. These features will enhance the pedestrian
connectivity as well as vehicular and bicycle access to the site, and will not create conflicts with
other vehicular, bicycle or pedestrian circulation.
Variance
Finding: That there are special circumstances applicable to the property, including size, shape,
topography, location or surroundings, such that the strict application of this Title deprives such
property of privileges enjoyed by other property in the vicinity and under identical land use
zoning district classifications.
Evidence: The site located adjacent to State Route 99 and an existing shopping center.
Currently, the existing service station is a legally nonconforming use. With the expansion and
architecture improvements, the project is subject to current Zoning Code standards. The need
for a Variance is related to the size and topography of the lot, location, and surroundings. The
Variance is also necessary to allow for the circulation of the onsite traffic and accommodate
fuel tanker and fire truck turning radius requirements. This request provides the opportunity to
improve the facilities while allowing the business to continue operation as a service station. The
City Council approved a similar Variance for the BP Arco Gas Station across the street from the
Project site. The proposed project will improve the existing facilities while providing a safe
environment, consistent with the surrounding uses.
Finding: That granting the Variance does not constitute a special privilege inconsistent with the
limitations upon other properties in the vicinity and land use zoning district in which such property
is located.
Evidence: The existing legal nonconforming service station submitted to redesign the building
and canopy to update the features to be consistent with surrounding uses. The size of the lot is
limited and to accommodate the radius request for tanker trucks and fire trucks, the building
must be setback. As mentioned previously, the City Council approved a similar Variance for the
BP Arco Gas Station across the street from the Project site. The proposed Project will improve the
existing facilities while providing a safe environment, consistent with the surrounding uses.
Therefore, the conditional approval of this Variance does not grant a special privilege
inconsistent with limitation upon other properties in the vicinity and zoning which the property is
located in.
Finding: That granting the Variance will not adversely affect the interests of the public or the
interests of residents and property owners in the vicinity of the premises in question.
Evidence: Currently, the site accommodates a service station. The proposed Project is to
expand and update the design of the building and canopy. The proposed Project complies with
the Zoning Code and Design Guidelines. Due to the size of the lot and complying with access for
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tanker and fire trucks, the setbacks must be reduced, but will not affect the interests of the
public (nearest residential use is located more than 1,000 feet to the northwest behind Walmart).
Finding: That granting the Variance is consistent with the objectives of the General Plan and
Zoning Ordinance.
Evidence: Granting of the Variance would allow an existing service station to be redesigned
consistent with General Plan Policy ED-3, which encourages the “full and efficient utilization of
vacant and underutilized parcels.” The Variance provides the opportunity to improve the
facilities while allowing the business to continue operation as a service station.
Attachments
1. City Council Resolution (Design Review and Variance)
2. Project Plans
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ATTACHMENT 1
RESOLUTION NO. 2014JUNE 19, 2014
A RESOLUTION OF THE CITY OF ELK GROVE PLANNING COMMISSION
FINDING THE PROJECT EXEMPT FROM CEQA AND
APPROVING A MINOR DESIGN REVIEW AND VARIANCE FOR
ELK GROVE 76 / 7-ELEVEN
PROJECT NO. EG-14-005
APN: 125-0010-005
WHEREAS, the Planning Division of the City of Elk Grove received an application
on February 20 from NNH Enterprises (the Applicant) requesting a Minor Design Review
and Variance for a food mart building and service gas canopy; and
WHEREAS, the proposed Project is located on real property in the incorporated
portions of the City of Elk Grove more particularly described as APN: 125-0010-005; and
WHEREAS, the Project qualifies as a project under the California Environmental
Quality Act (CEQA), Public Resource Code §§21000-21178 but is exempt; and
WHEREAS, Section 15332 (In-Fill Development Projects) of Title 14 of the California
Code of Regulations, (State CEQA Guidelines) provides an exemption from CEQA for
projects characterized as in-fill development meeting all conditions described; and
WHEREAS, based on staff’s review of the Project, no special circumstances exist
that would create a reasonable possibility that granting a Minor Design Review and
Variance for this Project will have a significant effect on the environment; and
WHEREAS, the Planning Department considered the Project request pursuant to
the Elk Grove General Plan, the Elk Grove Municipal Code Title 22 and 23, and all other
applicable State and local regulations; and
WHEREAS, the Planning Commission held a duly noticed public hearing as
required by law to consider all of the information presented by staff, information
presented by the Applicant, and public testimony presented in writing and at the
meeting.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Elk
Grove finds the proposed Project exempt from the California Environmental Quality Act
(CEQA) pursuant to the California Code of Regulations, Title 14 (State CEQA
Guidelines), based on the following findings:
CEQA
Finding: The project is categorically exempt from the California Environmental
Quality Act (CEQA) pursuant to Guidelines Section 153332 (In-Fill Development
Projects).
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Evidence: The proposed Project is exempt from CEQA under Section 15332 of Title
14 of the California Code of Regulations (State CEQA Guidelines). The 0.71 acre site
accommodates an existing service station within the City limits surrounded by other
commercial uses. The proposed Project consists of a new food mart and gas island
canopy. The existing structures will be demolished prior to new construction.
Therefore, no special circumstances exist that would create a reasonable possibility
that the proposed Project will have an adverse effect on the environment. No
further environmental review is required.
AND, BE IT FURTHER RESOLVED, that the Planning Commission of the City of Elk Grove
approves a Minor Design Review and Variance for the Elk Grove 76 / 7-Eleven Project
(EG-14-005) subject to the Conditions of Approval provided in Exhibit A, incorporated
herein by this reference, and as illustrated in Exhibits B and C, incorporated herein by
this reference, based upon the following findings:
Design Review
Finding: The proposed Project is consistent with the objectives of the General Plan,
complies with applicable Zoning regulations, Specific Plan provisions, Special
Planning Area provisions, Citywide Design Guidelines, and Improvement Standards
adopted by the City.
Evidence: The site plan and building elevations have been reviewed in accordance
with the General Plan, Zoning Code, and Citywide Design Guidelines. It is
concluded that the Project’s architecture and site planning meet all applicable
development standards prescribed by the Zoning Code, specifically Chapter 23.72,
which regulates Service Stations. With the exception of the Variances discussed
above, the Project meets the setback requirements, landscaping requirements
pursuant to the conditions of approval, lighting, access, and parking requirements
by providing adequate parking.
Finding: The proposed architecture, site design, and landscape are suitable for the
purposes of the building and the site and will enhance the character of the
neighborhood and community.
Evidence: The proposed architecture, site design, and landscaping are suitable for
the buildings and site and will enhance the character of the neighborhood. The
colors for both the building and canopy are earth tones with different shades of
browns. The roof will be a brick red tile, which is a similar material to the roof on the
adjacent center. There will be a variety of landscaping materials on the west side
and rear of the building, which will screen the building from the surrounding uses. In
addition, there will be landscaping on the perimeters of the site to screen the
service station from the surrounding uses and minimize the amount of concrete used
on site.
Finding: The architecture, including the character, scale and quality of the design,
relationship with the site and other buildings, building materials, colors, screening of
exterior appurtenances, exterior lighting and signing and similar elements establishes
14
a clear design concept and is compatible with the character of buildings on
adjoining and nearby properties.
Evidence: The architecture complies with the surrounding uses, the colors and
materials are consistent with the nearby shopping center. The building is oriented
towards the public right of way and the site will use the existing lighting.
Finding: The proposed Project will not create conflicts with vehicular, bicycle, or
pedestrian transportation modes of circulation.
Evidence: The proposed Project includes pedestrian access from Elk Grove Blvd,
which will provide for and will not create conflicts with pedestrian transportation.
Vehicular circulation is provided for throughout the site and the site provides 10
standard and 1 handicap parking spaces which meets the City parking standards.
The Project provides 2 bicycle parking spaces which meets the City requirements as
well. These features will enhance the pedestrian connectivity as well as vehicular
and bicycle access to the site, and will not create conflicts with other vehicular,
bicycle or pedestrian circulation.
Variance
Finding: That there are special circumstances applicable to the property, including
size, shape, topography, location or surroundings, such that the strict application of
this Title deprives such property of privileges enjoyed by other property in the vicinity
and under identical land use zoning district classifications.
Evidence: The site located adjacent to State Route 99 and an existing shopping
center. Currently, the existing service station is a legally nonconforming use. With
the expansion and architecture improvements, the Project is subject to current
Zoning Code standards. The need for a Variance is related to the size and
topography of the lot, location, and surroundings. The Variance is also necessary to
allow for the circulation of the onsite traffic and accommodate fuel tanker and fire
truck turning radius requirements. This request provides the opportunity to improve
the facilities while allowing the business to continue operation as a service station.
The City Council approved a similar Variance for the BP Arco Gas Station across the
street from the Project site. The proposed Project will improve the existing facilities
while providing a safe environment, consistent with the surrounding uses.
Finding: That granting the Variance does not constitute a special privilege
inconsistent with the limitations upon other properties in the vicinity and land use
zoning district in which such property is located.
Evidence: The existing legal nonconforming service station submitted to redesign the
building and canopy to update the features to be consistent with surrounding uses.
The size of the lot is limited and to accommodate the radius request for tanker trucks
and fire trucks, the building must be setback. As mentioned previously, the City
Council approved a similar Variance for the BP Arco Gas Station across the street
from the Project site. The proposed Project will improve the existing facilities while
providing a safe environment, consistent with the surrounding uses. Therefore, the
conditional approval of this Variance does not grant a special privilege inconsistent
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with limitation upon other properties in the vicinity and zoning which the property is
located in.
Finding: That granting the Variance will not adversely affect the interests of the
public or the interests of residents and property owners in the vicinity of the premises
in question.
Evidence: Currently, the site accommodates a service station. The proposed Project
is to expand and update the design of the building and canopy. The proposed
Project complies with the Zoning Code and Design Guidelines. Due to the size of the
lot and complying with access for tanker and fire trucks, the setbacks must be
reduced, but will not affect the interests of the public (nearest residential use is
located more than 1,000 feet to the northwest behind Walmart).
Finding: That granting the Variance is consistent with the objectives of the General
Plan and Zoning Ordinance.
Evidence: Granting of the Variance would allow an existing service station to be
redesigned consistent with General Plan Policy ED-3, which encourages the “full and
efficient utilization of vacant and underutilized parcels.” The Variance provides the
opportunity to improve the facilities while allowing the business to continue
operation as a service station.
The foregoing Resolution of the City of Elk Grove was passed and adopted by the
Planning Commission on the 19th day June, 2014, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
______________________________________
Sandy Kyles, PLANNING SECRETARY
16
____________________________________
Nancy Chaires Espinoza, CHAIR of the
PLANNING COMMISSION
EXHIBIT A
Conditions of Approval
On-Going
1.
The development approved by this action is for a Minor Design
Review and Variance as illustrated in the approved plans (Exhibit B)
as described in the staff report and associated Exhibits and
Attachments dated June 19, 2014 and illustrated in the Project plans
dated February 2, 2014.
2.
3.
4.
Any deviations from the approved plans shall be reviewed by the
City for substantial compliance and may require amendment by the
appropriate hearing body.
The Applicant/Owner or Successors in Interest (hereby referred to as
the “Applicant”) shall indemnify, protect, defend, and hold harmless
the City, its officers, officials, agents, employees, and volunteers from
and against any and all claims, damages, demands, liability, costs,
losses or expenses including without limitation court costs, reasonable
attorney’s fees and expert witness fees arising out of this Project
including challenging the validity of this application/permit or any
environmental or other documentation related to approval of this
Application.
This action does not relieve the Applicant of the obligation to comply
with all codes, statutes, regulations, and procedures.
Except as otherwise specified or provided in these conditions, the
Project shall conform to the development standards and design
requirements adopted by the City, specifically including but not
limited to the following:
•
•
•
•
Timing/ Impleme
ntation
Enforcement/ Monit
oring
On-Going
Planning
On-Going
Planning
On-Going
Planning
On Going
Planning
Public Works
Building
Verification
(date and
Signature)
The City Zoning Code (Title 23 of the EGMC)
EGMC Chapter 23.72 (Automobile Service Stations)
EGMC
Chapter
14.10
(Water
Efficient
Landscape
Requirements)
EGMC Title 16 (Building and Construction)
17
EXHIBIT A
5.
6.
The Applicant shall pay all plan check fees, impact fees, or other
costs as required by the City, the Cosumnes Community Services
District (CCSD), Sacramento Area Sewer District (SASD), Sacramento
County Water Agency (SCWA), or other agencies or services
providers as established by law.
Approval of this Project does not relieve the Applicant from the
requirements of subsequent permits and approvals, including but not
limited to the following:
Grading Permit and Improvement Plan
Building Permit and Certificate of Occupancy
Requirements of the Sacramento Metropolitan Air Quality
Management District
• Fire permit
7.
The Applicant shall coordinate with the City of Elk Grove on the
timing of Elk Grove Blvd Resurfacing/Rehabilitation program as it
relates to this Project. If the Project commences construction after
the Resurfacing/Rehabilitation program has been completed or is
near completion, the Applicant will not be permitted to cut into the
pavement or trench utilities for a period of three years without written
special approval from the Public Works Director.
Prior To or In Conjunction with Improvement Plan
8.
The Applicant shall reasonably pursue a reciprocal access
agreement with the adjacent property to share the first existing
driveway west of the Project boundary. If an agreement can be
reached and fully executed, the Applicant shall abandon one of the
Project’s driveways along Elk Grove Blvd as deemed acceptable by
the Public Works Director.
9.
Applicant shall prepare and submit a drainage study to the
satisfaction of Public Works and in accordance with City of Elk Grove
Storm Drainage Master Plan, Improvement Standards, General Plan,
and any applicable specific plan or master plan.
Timing/ Impleme
ntation
Enforcement/ Monit
oring
On-Going
On-Going
Planning
Public Works
CCSD
SCWA
SASD
Planning
Public Works
Building
CCSD
SCWA
SASD
On-Going
Public Works
Improvement
Plans
Public Works
Improvement
Plan Submittal or
Prior to Issuance
of Grading
Permit(s)
Whichever
Occurs First
Public Works
•
•
•
18
Verification
(date and
Signature)
EXHIBIT A
10.
11.
The Applicant shall prepare and submit a Post-Construction
Stormwater Quality Control Plan in accordance with the City of Elk
Grove Improvement Standards and most recent version of the
Stormwater Quality Design Manual for the Sacramento Region. The
Applicant shall also submit a separate maintenance plan describing
proper maintenance practices for the specific treatment controls to
be constructed.
The Applicant shall execute a maintenance agreement with the City
for stormwater quality control treatment devices to the satisfaction of
Public Work.
12.
The Applicant shall design and construct the two Project driveways
off of Elk Grove Blvd such that the easterly driveway is an entrance
only and the westerly driveway is an exit only. The configuration of
these driveways, including approved width, striping, signage, etc., will
be evaluated at Improvement Plan review.
13.
The Applicant shall obtain the appropriate clearance letters to the
satisfaction of Public Works for any sign located within an easement,
including a public utility easement.
14.
For any work proposed outside of the Project’s property boundaries,
the Applicant shall obtain an easement and/or right-of-entry from the
appropriate property owner to the satisfaction of Public Works.
Prior To or In conjunction With Building Permit
15.
The sidewalk connection east and west of the property, along Elk
Grove Blvd, may require improvements on the adjacent properties to
meet current ADA requirements.
16.
The Applicant shall dedicate, design and improve the northerly halfsection of Elk Grove Blvd measured 48’ from the approved centerline.
Improvements shall be based on 96’ thoroughfare and shall include,
but not be limited to, curb, gutter, sidewalk, striping, signage, etc.
17.
The Applicant shall relocate the streetlight at the southwest corner of
the Project adjacent to Elk Grove Blvd to accommodate the new
sidewalk installation.
Timing/ Impleme
ntation
Enforcement/ Monit
oring
Prior to
Improvement
Plan
Acceptance
and/or Prior to
Issuance of a
Grading Permit(s)
Whichever
Occurs First
Improvement
Plans
Public Works
Improvement
Plans
Public Works
Improvement
Plans
Public Works
Improvement
Plans
Public Works
Building Permit
Public Works
Building Permit
Public Works
Building Permit
Public Works
Verification
(date and
Signature)
Public Works
19
EXHIBIT A
Enforcement/ Monit
oring
18.
The Applicant shall install landscaping along the Project’s frontage to
Elk Grove Blvd. to the satisfaction of Planning and Public Works.
Building Permit
Planning/Public
Works
19.
The Applicant shall dedicate a pedestrian easement and public
utility easement adjacent to the Project’s frontage to Elk Grove Blvd.
Building Permit
Public Works
Building Permit
Public Works
20.
20
Timing/ Impleme
ntation
The Applicant shall reconstruct any damaged curb, gutter, sidewalk
and/or pavement caused by construction-related activities
associated with the Project. If pavement replacement is necessary,
as determined by the City, the Applicant may be required to grind,
overlay, and/or slurry seal the damage portion(s) in accordance with
the City Improvement Standards and to the satisfaction of Public
Works. The Applicant shall schedule an inspection with the City to
document the pre-construction condition of existing surface
infrastructure adjacent to and near the Project.
Verification
(date and
Signature)
21
22
23
24
25
26
27
28
29
Title 24 Outdoor Power Allowance Calculation
LZone: 3
SHELL
ELK GROVE BLVD.
ELK GROVE, CA
89200-1
7/8/2008
Area (ft²)
Power Allowance
(W/ft²) Ref. Table
Allowed Wattage Estimate
Wattage Utilized
Total Area of Service Station
21,710.00
Service Station Dispensing Stations
(canopies + fueling islands)
3,652.00
1.45
147-B
5,295
5,040
0.00
0.5
147-B
0
0
18,058.00
0.40
147-B
7,223
2,052
12,519
7,092
Non-Sales Canopies
Service Station Hardscape Area
Buildings
Total
0.00
Energy tradeoffs are not permitted between the Hardscape,Service Station dispensing Stations, and Non -Sales Canopies.
This calculation of outdoor power allowance is only an estimate. This information is provided as a courtesy and only includes wattage
estimates for LSI Industries' products for the purpose of obtaining a Certificate of Compliance.
The engineer and/or architect must determine applicability of this estimate to any existing or future field conditions.
30
31
32
33
34
Development Services - Planning
8401 Laguna Palms Way • Elk Grove, California 95758
Tel: 916.478.2265 • Fax: 916.691.3175 • www.elkgrovecity.org
City of Elk Grove Planning Commission
Notice of Public Hearing
Receipt of this notice indicates that you own and/or live at property located within the required
noticing radius for the below project.
Dated: June 6, 2014
NOTICE is hereby given that on June 19, 2014, at 6:30pm, or as soon thereafter as the
matter may be heard, the Planning Commission of the City of Elk Grove will hold a Public
Hearing at the Elk Grove City Hall, located at 8400 Laguna Palms Way, Elk Grove, to
consider the following application:
ELK GROVE 76 / 7-ELEVEN (EG-14-005) – MINOR DESIGN REVIEW AND VARIANCE:
The proposed Project consists of a Minor Design Review to construct a new 2,808 square
foot food mart building and 3,182 square foot service gas canopy with six new gas
dispensers. The existing building and canopy will be demolished. The project includes a
Variance to deviate from the building setbacks, a required landscape planter area, and
access/circulation requirements.
OWNER/APPLICANT:
NNH Enterprises
Nadeem Ijaz (Representative)
8655 Brahma Way
Elk Grove 95624
LOCATION/APN:
ZONING:
ENVIRONMENTAL:
PROJECT PLANNER:
AGENT:
Sutton & Associates, Inc.
Steve Sutton (Representative)
1441 Las Salinas Way
Sacramento 95864
8475 Elk Grove Blvd. / APN 125-0010-005
SC – Shopping Center
Exempt from the California Environmental Quality Act (CEQA) pursuant
to Title 14 of the California Code of Regulations Section 15332 (In-Fill
Development Projects).
Nathan Anderson (916) 478-2245
NOTICE REGARDING APPEALS
Pursuant to §23.14.060 of the Zoning Code, appeals of a final action by the Planning Director must be filed with the City Clerk
no later than ten (10) calendar days after the day on which the final action was taken, along with the appropriate fee.
NOTICE REGARDING CHALLENGES TO DECISIONS
Pursuant to all applicable laws and regulations, including without limitation, California Government Code Section 65009
and/or California Public Resources Code Section 21177, if you wish to challenge in court any of the above decisions
(regarding planning, zoning and/or environmental decisions), you may be limited to raising only those issues you or
someone else raised at the public hearing(s) described in this notice/agenda, or in written correspondence delivered to the
City at, or prior to, this public hearing.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please
call (916) 478-3620. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility.
For more information: Planning Commission Secretary (916) 478-3620 or [email protected]
36
Elk Grove 76 / 7-Eleven - (EG-14-005)
APN
ADDRESS
12500100320000
PO BOX 8050
12503900110000
PO BOX 185
12500300290000
1200 CONCORD AVE 200
12500100420000
4879 SAINT AUGUSTINE DR
12500100050000
8475 ELK GROVE BLVD
13204100190000
9611 AUTO CENTER DR
13204100270000
9645 AUTO CENTER DR
13204100410000
PO BOX 2121
12503900130000
4120 DOUGLAS BLVD 306-17
12500300300000
PO BOX 911
12503900180000
1103 OREGON AVE
12500100390000
1508 EUREKA RD 130
12500100430000
1508 EUREKA RD 230
13204100250000
199 N SUNRISE AVE C
11600700140000
2020 L ST 5
2500 AUBURN BLVD
13204100080000
13204100380000
5150 MADISON AVE
12500100440000
550 E HOSPITALITY LN 300
13204100430000
6179 E BROADWAY BLVD
13204100400000
PO BOX 1548
13204100420000
748 SHERWOOD DR
13204100250000
8420 ELK GROVE BLVD
11600700140000
8423 ELK GROVE BLVD
13204100410000
8450 ELK GROVE BLVD
13204100410000
8450 ELK GROVE BLVD # 100
13204100410000
13204100410000
12500100370000
8451 ELK GROVE BLVD
12500100370000
12500100370000
12500100370000
12500100370000
12500100370000
12500100370000
12500100370000
12500100370000
8451 ELK GROVE BLVD # 5/6
12500100370000
12500100370000
12500100370000
12500100370000
12500100430000
8455 ELK GROVE BLVD
13204100430000
8456 ELK GROVE BLVD
12500100390000
8459 ELK GROVE BLVD
13204100420000
8460 ELK GROVE BLVD
13204100420000
37
CITY
BENTONVILLE
BRIDGEVILLE
CONCORD
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
GRANITE BAY
MARYSVILLE
PALO ALTO
ROSEVILLE
ROSEVILLE
ROSEVILLE
SACRAMENTO
SACRAMENTO
SACRAMENTO
SAN BERNARDINO
TUCSON
WARRENVILLE
YUBA CITY
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
STATE
AR
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
AZ
IL
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
ZIP
72712
95526
94520
95758
95758
95757
95757
95759
95746
95901
94303
95661
95661
95661
95811
95821
95841
92408
85711
60555
95991
95758
95758
95758
95758
95758
95758
95758
95758
95758
95758
95758
95758
95758
95758
95758
95758
95758
95758
95758
95758
95758
95758
95758
95758
13204100420000
13204100420000
13204100420000
12500100390000
12500100260000
12500100380000
12500100380000
12500100380000
12500100380000
12500100380000
12500100380000
12500100380000
12500100380000
13204100440000
13204100440000
13204100440000
13204100440000
13204100440000
13204100440000
13204100440000
13204100440000
12500100380000
12500100050000
13204100400000
12503900130000
12503900130000
12503900190000
12503900190000
12503900190000
12503900190000
12503900190000
12503900110000
12503900110000
12500300140000
12503900190000
12503900130000
12500300290000
12503900190000
12503900190000
12503900190000
12503900190000
12503900190000
12503900190000
12503900190000
12503900190000
12503900190000
12503900190000
8461 ELK GROVE BLVD
8465 ELK GROVE BLVD
8469 ELK GROVE BLVD
8470 ELK GROVE BLVD
8473 ELK GROVE BLVD
8475 ELK GROVE BLVD
8500 ELK GROVE BLVD
8511 ELK GROVE BLVD
8517 ELK GROVE BLVD
8523 ELK GROVE BLVD
8525 ELK GROVE BLVD
8527 ELK GROVE BLVD
8529 ELK GROVE BLVD
8531 ELK GROVE BLVD
8535 ELK GROVE BLVD
8539 ELK GROVE BLVD
8540 ELK GROVE BLVD
8547 ELK GROVE BLVD
8549 ELK GROVE BLVD
8550 ELK GROVE BLVD
8551 ELK GROVE BLVD
8553 ELK GROVE BLVD
8555 ELK GROVE BLVD
8557 ELK GROVE BLVD
8559 ELK GROVE BLVD
8561 ELK GROVE BLVD
8563 ELK GROVE BLVD
8565 ELK GROVE BLVD
8567 ELK GROVE BLVD
8585 ELK GROVE BLVD
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
95758
95758
95758
95758
95758
95758
95758
95758
95758
95758
95758
95758
95758
95758
95758
95758
95758
95758
95758
95758
95758
95758
95758
95758
95624
95624
95624
95624
95624
95624
95624
95624
95624
95624
95624
95624
95624
95624
95624
95624
95624
95624
95624
95624
95624
95624
95624
38
12503900190000
12500100420000
12503900180000
13204100190000
13204100190000
13204100390000
13204100380000
13204100270000
13204100080000
12500300290000
39
8591 ELK GROVE BLVD
9501 E STOCKTON BLVD
9601 AUTO CENTER DR
9611 AUTO CENTER DR
9637 W STOCKTON BLVD
9640 W STOCKTON BLVD
9645 AUTO CENTER DR
9650 AUTO CENTER DR
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
ELK GROVE
CA
CA
CA
CA
CA
CA
CA
CA
CA
CA
95624
95624
95624
95757
95757
95757
95757
95757
95757
95624

5.1 - City of Elk Grove

Transcription

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