CONDITIONAL USE PERMIT REQUEST TO REOPEN A FORMER GAS STATION LOCATED AT 401 MERCHANT STREET.

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1 CITY OF VACAVILLE PLANNING COMMISSION Agenda Item No. G.3 STAFF REPORT June 15, 2010 Staff Contact: Ward Stewart (707) TITLE: REQUEST: QUICK WAY GAS STATION CONDITIONAL USE PERMIT REQUEST TO REOPEN A FORMER GAS STATION LOCATED AT 401 MERCHANT STREET. RECOMMENDED ACTION: APPROVE THE CONDITIONAL USE PERMIT REQUEST TO REOPEN THE FORMER GAS STATION LOCATED AT 401 MERCHANT STREET, SUBJECT TO THE CONDITIONS OF APPROVAL. APPLICATION INFORMATION APPLICATIONS: Conditional Use Permit FILE NO: File No APPLICANT Tery-Oat Corp. PROPERTY OWNER Rajind Bassi PROPERTY INFORMATION LOCATION: SITE AREA: ZONING DISTRICT: GENERAL PLAN DESIGNATION: CURRENT LAND USE: ADJACENT ZONING & USE: 401 Merchant Street 7,841 square feet CD (Downtown Commercial) Downtown Commercial Vacant (former gas station) North: CD Gregerson s Gallery of Fireplaces South: CD Phillippi Engineering East: CD Pietro s Plaza West: CD Williard s Cleaners PROJECT SUMMARY PROJECT AREA: 0.18 acres (7,841 square feet) BUILDING FLOOR AREA: 256 square feet FLOOR AREA RATIO (FAR):.03 NUMBER OF BUILDINGS: 1 PARKING: Required: 3 spaces Proposed: 0 spaces EXTERIOR BUILDING MATERIALS: No change in exterior architecture, new paint only ACCESS: Via driveways on Merchant Street and Williams Street UTILITIES: City utilities serve the site

2 PROJECT DESCRIPTION The project proposal is to reestablish and operate a gas station business at a former gas station site located at 401 Merchant Street. The former gas station ceased operations in late 2008, therefore, a new Conditional Use Permit is required to reestablish the use, in accordance with Section (Reestablishment of Use) of the Land Use and Development Code. The project site is a triangular-shaped, 7,841 square foot parcel located within the Downtown Commercial (CD) Zoning District, and includes street frontages on Merchant, Mason and Williams Streets. The project includes a 256 square foot building for sale of convenience items, a fueling area canopy including eight fuel pumps, landscaping and a trash enclosure. The proposed hours of operation will be from 6 am to 10 pm, and the proposed business is anticipated to include two employees. No alcohol sales are proposed with this application. Access to the site is provided via driveways on Merchant Street and Williams Street. The applicant is proposing to re-paint the exterior elements and building, but no other modifications are proposed. PREVIOUS ACTIONS September 1955 Shell Oil Company Service Station constructed at 401 Merchant Street. July 1970 City of Vacaville City Council approved a Conditional Use Permit for Terrible Herbst Oil Company Service Station at 401 Merchant Street. August 1977 Planning Commission approved an Environmental Assessment and Conditional Use Permit for an Exxon Station (CUP-16-77). July 1991 Director of Community Development approved a Minor Modification for canopy replacement, additional service pumps, and building remodel. October 1992 Director of Community Development approved a Minor Modification for an awning to be added to the building. November 2006 The business owner changed the name of the business to Quick Way Gasoline. PROJECT ANALYSIS COMPLIANCE WITH CITY ORDINANCES AND ISSUES 1. Conditional Use Permit Chapter (Downtown Commercial) of the City of Vacaville Land Use and Development Code identifies Service Stations as a conditional use. According to Chapter (Reestablishment of Use) of the Code, the previously approved Conditional Use Permit has expired because Quick Way Gasoline ceased operations for at least six months (since December 2008). Therefore, the Code requires that the applicant obtain a new Conditional Use Permit to operate a gas station at this site. 2

3 2. Parking Section (Supplemental Standards, Off-Street Parking and Loading) of the City of Vacaville Land Use and Development Code identifies the parking standard for service stations as two spaces, plus one space for each 200 square feet of retail space. This standard would require the project to provide three off-street parking spaces. The existing site and proposed site plan do not identify former or proposed off-street parking spaces for this project. There is available on-street parking located on Williams Street which borders the project site to the east. In order to provide the required number of offstreet parking spaces to this site, condition of approval No. 5 requires the applicant to provide three on-site parallel parking spaces. This could include two spaces along the south portion of the site, and one space adjacent to the retail building or any other method that the applicant is able to design on the final plans. 3. Signs Section (Signs) of the Land Use and Development Code establishes specific sign guidelines for gasoline service stations. The Applicant proposes to use the existing gas price sign located at the northern corner of the site at the intersection of Merchant, Mason and Williams Streets, which complies with Code standards. No additional signs are proposed with this application. 4. Landscaping The applicant is proposing to refurbish the existing landscaping, which has not been maintained since the previous business ceased operations. The refurbishing will consist of replacement of dead or unhealthy shrubs, and trees, and includes the planting of additional shrubs and trees. Condition of approval No. 7 requires a landscape plan showing the irrigation system and the location of existing landscaping and proposed new landscaping. The City of Vacaville Land Use and Development Code requires parking lot shading. Condition of approval No. 7 will require a parking lot shade plan that demonstrates that 50 percent of the parking lot will be shaded within ten years in order to meet the parking lot shading requirement. LAND USE COMPATIBILITY 1. Adjoining Land Uses The project site is a former gas station facility, similar to the proposed Quick Way and is located within a developed area of the City. The site has operated as a gas station since the late 1970 s. There are other retail and service uses adjacent to the site. Staff believes the proposed project would be compatible with existing surrounding uses because there is a mix of adjacent commercial uses and a gas station use has been at this location since the 1950 s. ENVIRONMENTAL REVIEW 1. Categorical Exemption Pursuant to Section 15301, Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA), the project is Categorically Exempt from the requirements of CEQA. Staff has analyzed the project and determined that no additional environmental review is 3

4 required for this project because, the use will operate in the same manner as the previous gas station business, and the project involves no expansion of use beyond that which previously existed at the site. CONCLUSION Staff believes the proposed project will be a benefit to the neighborhood because a former gas station site will be occupied and the parcel will be maintained by the applicant. Additionally, the proposed use would be the same operation as the previous use, and is consistent with the surrounding uses. Staff is supportive of this project proposal because the proposed use, as conditioned, is consistent with the Downtown Commercial zoning district development standards. RECOMMENDATION That the Planning Commission approve the Conditional Use Permit request to reopen the former gas station located at 401 Merchant Street, subject to the conditions of approval. ATTACHMENTS: Exhibit A - Conditions of Approval Exhibit B - Location and Zoning Map Exhibit C - Site Plan Exhibit D - Site Pictures 4

5 RESOLUTION NO RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF VACAVILLE APPROVING A CONDITIONAL USE PERMIT REQUEST TO REOPEN A FORMER GAS STATION LOCATED AT 401 MERCHANT STREET WHEREAS, the Planning Commission of the City of Vacaville conducted a hearing on June 15, 2010 to consider a Conditional Use Permit request for the Quick Way Gas Station, relating to the following described property: 401 Merchant Street APN WHEREAS, the public hearing before the Planning Commission was duly noticed in accordance with applicable state law and the Vacaville Land Use and Development Code requirements; and WHEREAS, the Planning Commission received testimony from City staff, the applicant, and all interested persons regarding the proposed project; and WHEREAS, the Planning Commission has determined that the project is categorically exempt under Section 15301, Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines. WHEREAS, The Planning Commission has reviewed the request for the Quick Way Gas Station Conditional Use Permit and finds: 1. That the proposed use and location is consistent with the goals, objectives, and policies of the General Plan and of the Development Code. The Land Use and Development Code requires a Conditional Use Permit for this facility which the applicant is requesting in order to be in compliance with the General Plan and the Land Use and Development Code. The proposed project and conditions of approval are designed to ensure compatibility with adjacent uses, and approval of this conditional use permit will allow for the re-establishment of a former use. 2. That the subject site is suitable for the type and intensity of use or development proposed, and the location, size, design, and operating characteristics of the proposed use are compatible with adjacent uses or with adjacent natural resources. As designed and conditioned, the project site is suitable for the type and intensity of use of the development. As proposed and conditioned staff is not anticipating any land use impacts to adjoining uses because the parcel was previously approved and developed specifically for this type of use. In addition, operating hours are reasonable and compatible with the surrounding uses. 3. That the proposed use and any exception or waiver to development or performance standards shall not result in conditions that would be detrimental to the public health, safety, or welfare of the community. 5

6 All aspects of the project proposal comply with Chapter Commercial Development Standards found in the Land Use and Development Code. 4. That adequate public facilities and services are available to serve the site or will be made available concurrent with the proposed development. All City utilities and services are available to serve the site. 5. That projected traffic levels and levels of service are, or as a result of conditions of approval will be, consistent with the policies of the Transportation Element of the General Plan. The proposed project will not create any impacts to traffic levels or levels of service on the City s circulation system and is consistent with the policies of the Transportation Element of the General Plan. 6. That the potential impacts to the City s inventory of residential lands have been considered. The proposed project is a commercial use located within a Downtown Commercial (CD) land use zoning district. The project will not result in intensification of the previous use at this location. There will be no impacts to the City s inventory of residential lands. NOW, BE IT RESOLVED that the Planning Commission does hereby approve the Quick Way Conditional Use Permit request for 401 Merchant Street, subject to the conditions of approval in EXHIBIT A, attached hereto and incorporated herein by reference. I HEREBY CERTIFY that the foregoing resolution was introduced and passed at a regular meeting of the Planning Commission of the City of Vacaville, held on the 15 th day of June, 2010, by the following vote: AYES: NOES: ABSENT: ATTEST: Maureen T. Carson, Director of Community Development 6

7 EXHIBIT A CONDITIONS OF APPROVAL QUICK WAY GAS STATION 401 MERCHANT STREET CONDITIONAL USE PERMIT FILE NO I. Standard Conditions of Approval: The applicant shall comply with the applicable Standard Conditions of Approval. In the event of a conflict between the Standard Conditions of Approval and these Conditions, these conditions shall prevail. II. Project-Specific Conditions: The applicant shall comply with the following Project-Specific Conditions PLANNING 1. This action approves a Conditional Use Permit request to allow Quick Way Gas Station to operate at 401 Merchant Street, per the project description submitted with the application. Hours of operation would be from 6:00 am to 10:00 pm. Any modifications to the approved project description shall be subject to review and approval by the City Planner. 2. Plans submitted for building permits shall be in substantial compliance with plans approved by this action, dated June 15, 2010, except as modified by these conditions of approval. 3. All signs shall be subject to a separate Sign Permit from the Building Division. The proposed sign drawings shall indicate the length of each building frontage, sign location, size, height, materials, colors, lighting, and other pertinent information required to insure conformance with the provisions of Chapter (Signs) of the Land Use and Development Code. 4. All dumpsters shall be kept within the existing trash enclosure located at the far end of the building (northeast elevation). 5. Three (3) on-site parallel parking spaces shall be located on the project site. The dimensions of the parallel parking spaces shall be 11 feet in width and 22 feet in length. 6. Parallel parking spaces to be installed shall comply with standards for adequate depth, width, and turning radius as set forth in City of Vacaville Land Use and Development Code Chapter (Off Street Parking). 7. Plans submitted for building permit shall include a Final Landscape plan, subject to review and approval by the City Planner, which shall include the following: a. The landscape plan shall demonstrate compliance with the Commercial Development Standards parking lot shading requirements (fifty percent shading within ten years). Additional trees shall be included on the Final Landscape Plan if necessary to fulfill this requirement. 7

8 b. New drought resistant shrubs shall be planted within the landscape planters around the perimeter of the site. c. The landscape plan shall identify where existing trees and shrubs are located and where any new trees and shrubs will be planted. Please include a list of all shrubs and trees to be planted. d. Parking lot and site landscaping shall be in full compliance with the Commercial District Development Standards, Chapter All dead trees and shrubs shall be replaced and healthy shrubs shall be trimmed and watered on a regular basis. 8. Prior to commencing any building construction, a building permit shall be obtained and all applicable fees paid, including any applicable development impact fees. Please contact the Building Division concerning building permit applications and fee schedules. 9. The Applicant (Tery-Oat Corp.) and development shall comply with these conditions of approval and all applicable provisions of the Vacaville Municipal Code (Zoning, Subdivision, Building Codes, etc.), the Vacaville General Plan and any applicable policy plan or specific plan, as such provisions may be amended from time to time including, but not limited to, Vacaville Municipal Code Section , which requires, except as otherwise provided by law (e.g. Government Code ) that the Applicant shall defend, indemnify, and hold harmless the City and its officials and employees in any action, claim or proceeding brought by any person or entity to overturn, set aside, or void any permit, entitlement, or approval issued or granted by the City. The City shall promptly notify the Applicant of any such action, claim or proceeding and the City shall cooperate with Applicant in the defense thereof without contributing to the cost of such defense. 10. The Applicant (Tery-Oat Corp.) shall indemnify, defend and hold the City of Vacaville and its officers and employees harmless against all claims, suits or actions made against them arising out of or in connection with the ownership, occupancy, use or development of the project site, or any portion thereof, including the installation or construction of improvements thereon; however, this duty to indemnify and defend shall not extend to any claim, suit or action arising solely from the City or its officers or employees' negligence or misconduct. In addition, the Applicant shall comply with the requirements of Vacaville Municipal Code Section FIRE 11. The applicant shall provide currently serviced and labeled fire extinguishers inside the building and as specified in the Fire Code. The Fire Marshal shall approve the location, number, and sizes of all portable fire extinguishers prior to the issuance of any building permits. 12. All buildings shall have Fire Department approval before any tenants, employees, vendors, or patrons can be allowed in the building or before any stocking can be done. 13. Additional annual operational permits shall be required by the Vacaville Fire Department prior to occupancy. 8

9 14. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background. 15. The minimum size dimension of street numbers shall be as specified in Table 1. Numbers shall be in contrasting colors to their backgrounds. Where a building is set back from the street or road fronting the property, and where addresses may not be clearly legible due to distance from the street or roadway, landscaping and architectural features or other obstructions, address posting shall be required both at the street driveway serving such building and on the building. TABLE 1 Distance to Building Measured from Center of Roadway Number Height Inches Size of Letter Inches 20 feet 4 3/ /4 Over /2 16. Prior to occupancy, a Hazardous Materials Inventory Statement (HMIS) and Hazardous Materials Management Plan (HMMP) shall be submitted to the Fire Prevention Bureau for review. Additional permits are required by the Solano County Environmental Health Division. 17. An acceptable emergency key box shall be located to the right side of the main entrance, no higher than six (6) feet from finished grade. The model and location shall be as approved by the Fire Marshal. Applications are available at the Fire Department Administration Office at City Hall. POLICE 18. Adequate lighting at entrances and parking lot areas shall be provided as follows to the satisfaction of the Chief of Police: (a) (b) (c) Walkways and door entries shall be lighted during nighttime hours (dusk to dawn). Parking lot lighting shall be maintained at a minimum standard of one (1) footcandle of light per square foot on parking surface during hours of darkness. All exterior lights should be of the vandal resistant type. 19. In order to enhance the public and private surveillance of the site and make buildings less susceptible to crime, the Chief of Police requires the incorporation of the following measures into the final development plans for all commercial, retail, office, and industrial developments: (d) Exterior landscaping shall be kept at a minimal height and fullness and tree canopies shall be raised to provide patrol Officers and the general public surveillance capabilities of the area. 9

10 (e) (f) (g) (h) (i) (j) Addressing and building numbers should be visible from the approaches (preferably on all sides) of the building. Intrusion alarm system wiring shall be installed during the building process. Security hardware shall be used to deter access to any rear storage or equipment areas. Storage or disposal bins shall be located away from the area of any loading or receiving area. The entrances and exits shall be well defined and marked to avoid conflicts. The steel doors to the rear for employee use shall be equipped with viewers or with burglary-resistant glass. There shall be no accessibility onto the roof or second floor via climbing on an apparatus, equipment, pipes, ladders, protrusions, etc. All roof-top access shall be minimized with proper shields and hardware. 20. It is recommended that the applicant contact the Vacaville Police Department Crime Prevention Unit to review the crime prevention strategies that can be used on this project. 21. The Police Department reserves the right to increase security requirements if there is marked increase in crime on the site once building is occupied. 10

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