CITY OF VACAVILLE PLANNING COMMISSION STAFF REPORT May 18, 2010 Staff Contact: Tricia Shortridge (707)

Transcription

1 CITY OF VACAVILLE PLANNING COMMISSION Agenda Item No.G1 STAFF REPORT May 18, 2010 Staff Contact: Tricia Shortridge (707) TITLE: REQUEST: JIFFY LUBE CONDITIONAL USE PERMIT REQUEST TO LOCATE JIFFY LUBE WITHIN AN EXISTING BUILDING LOCATED AT 1013 EAST MONTE VISTA AVENUE. RECOMMENDED ACTION: APPROVE THE CONDITIONAL USE PERMIT REQUEST TO LOCATE JIFFY LUBE WITHIN AN EXISTING BUILDING LOCATED AT 1013 EAST MONTE VISTA AVENUE SUBJECT TO THE CONDITIONS OF APPROVAL. APPLICATION INFORMATION APPLICATIONS: Conditional Use Permit FILE NO: File No APPLICANT Broadbase, Inc. DBA: Jiffy Lube PROPERTY OWNER Philip and Louise Wang PROPERTY INFORMATION LOCATION: SITE AREA (TENANT SPACE): ZONING DISTRICT: GENERAL PLAN DESIGNATION: CURRENT LAND USE: ADJACENT ZONING & USE: 1013 East Monte Vista Avenue 3,114 square feet CG (General Commercial) General Commercial CG Vacant Econo-Lube facility North CG (General Commercial) - Vacant South CG (General Commercial) - East Monte Vista Ave. East CG (General Commercial) Vacant West CG (RO) (SS-6) General Commercial (Residential Overlay) (Special Standards 6) PROJECT SUMMARY PROJECT AREA: 0.21 acre (9,148 sq. ft.) TENANT FLOOR AREA: 3,114 square feet FLOOR AREA RATIO (FAR): 0.34 NUMBER OF BUILDINGS: 1 PARKING: Required: 10 spaces (2 spaces per bay) Proposed: 9 spaces EXTERIOR BUILDING MATERIALS: New paint only, no change in exterior architecture. ACCESS: Via driveways on East Monte Vista (entrance) and Scoggins Court (exit) UTILITIES: City utilities serve the site

2 PROJECT DESCRIPTION The project proposal is to locate a Jiffy Lube auto maintenance use within an existing building at 1013 East Monte Vista Avenue. The proposed location was previously occupied by Econo-Tune (closed in approximately August 2009), which was a similar operation to Jiffy Lube. Jiffy Lube currently occupies the location at 810 Merchant Street and desires to relocate to 1013 East Monte Vista Avenue. Jiffy Lube offers preventative maintenance including oil changes and lubrication, transmission servicing, radiator servicing, tire rotation, fuel injection cleaning, headlight restoration, windshield chip repair and ancillary services related to auto preventative maintenance. The applicant is not proposing exterior modifications to the building or landscaping except for new paint, signage, and refurbishing of the existing parking lot landscaping and fencing. The proposed hours of operation during the summer would be from 7:30 am to 7:00 pm, and during the winter hours of operation would be from 7:30 am to 6:00 pm. Sunday hours vary from store to store so this location would either be closed or open from 8:00 am to 5:00 pm. PREVIOUS ACTIONS TAKEN July 1987 Planning Commission Approved a Conditional Use Permit (CUP-13-87) and Reaffirmation of Environmental Assessment (REA-35-87), for Econo Lube-N-Tune at 1013 East Monte Vista Avenue. PROJECT ANALYSIS 1. Conditional Use Permit Chapter of the City of Vacaville Land Use and Development Code identifies Drive-thru businesses, repair, and maintenance of vehicles as a conditional use in the General Commercial (CG) zoning district. According to chapter , Reestablishment of Use, the previously approved conditional use permit (CUP-13-87) has expired because Econo-Tune has not been operating at this location for at least six months (since August 2009); therefore, Jiffy Lube is required to obtain a new permit. 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 Auto service and repair facilities as two spaces per auto bay. The site plan identifies five auto bays, therefore, ten parking spaces are required. Condition of approval No. 9 requires that one parallel space in the rear portion of the site be created in order to meet the minimum number of parking spaces. In addition, the condition requires that all rear parking spaces shall be designated for employees only so that parking spaces at the front of the site can be utilized by customers. 3. Signs The Applicant proposes to use corporate sign designs and colors. According to the City of Vacaville Land Use and Development Code chapter , a commercial business with a frontage located on a divided four lane arterial street, is allowed one 25 foot tall, 90 square foot freestanding sign. Jiffy Lube is proposing a 16 foot tall, 32 square foot sign and is therefore, in compliance with the minimum standards of the sign ordinance. For building signs, the code allows for one square foot of wall sign per linear foot of primary frontage, and one half square foot of wall sign for secondary frontage. The primary frontage facing East Monte Vista 2

3 is 66 feet in length and the sign can be 66 square feet. The proposed sign is 32.5 square feet. The secondary frontage facing Scoggins Court is 72 feet in length. Therefore, the sign can be 36 square feet. The proposed sign is 27 square feet. Therefore, the proposed wall signs comply with the minimum standards of the sign ordinance. 4. Landscaping and Parking Lot The applicant is proposing to refurbish the existing landscaping. This consists of replacement of dead or unhealthy shrubs, and trees, and includes the planting of additional shrubs and trees. Condition of approval No. 10 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 shade in parking lots. Condition of approval No. 10A will require a parking lot shade plan that demonstrates that 50 percent of the parking lot will be shaded within ten years, including at least two additional trees to be planted on the southeast portion of the site in order to meet the parking lot shading requirement. LAND USE COMPATIBILITY 1. Adjoining Land Uses The project site is a former vehicle maintenance facility, similar to Jiffy Lube and approved for development by the Planning Commission in The site is located within a developed area of the City on the corner of East Monte Vista Avenue and Scoggins Court. Across Scoggins Court to the west are the Lincoln Corner Apartments, and adjacent to the east are three small-undeveloped General Commercial parcels. Directly across East Monte Vista Avenue is Callen Street which is comprised of various uses that are either permitted or conditional uses within the General Commercial zoning district. Staff has considered the potential impact to the residential units in Lincoln Corner Apartments, and has noted that the zoning for the Lincoln Corner Apartments is General Commercial with a Residential Overlay (RO). The intent of the overlay zone within the base-zoning district is to allow for a variety of uses that address special or unique needs or characteristics of a particular area or site. Prior to the establishment of the Residential Overlay (RO) district (established 2001), staff determined that the high-density apartments (constructed in 2002), would be compatible with the adjacent General Commercial uses. Additionally, the applicant states that there will not be any loud speakers utilized in the day-to-day operations, and because the hours of operation are within daytime noise standards, the sound of power tools will not create noise impacts. Staff is supportive of this project proposal because the proposed use, as conditioned is consistent with the General Commercial zoning district standards and compatible with the adjacent Residential Overlay zone. ENVIRONMENTAL REVIEW 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 required for this project because the project involves negligible or no expansion of use beyond that previously existing at the site. 3

4 CONCLUSION Staff believes this project will be a benefit to the neighborhood because this vacant building will be occupied and the parcel will be maintained by the applicant Jiffy Lube. Additionally, the use is similar to the previous use and is consistent with the standards of the zoning district surrounding uses within the area. Staff is supportive of this project proposal because the proposed use, as conditioned, is consistent with the General Commercial zoning district standards and compatible with the adjacent Residential Overlay zone. RECOMMENDATION That the Planning Commission adopt Resolution No , approving the Conditional Use Permit request to located Jiffy Lube within the existing building located at 1013 East Monte Vista Avenue, subject to the conditions of approval. ATTACHMENTS: Exhibit A - Conditions of Approval Exhibit B - Location and Zoning Map Exhibit C - Site Plan Exhibit D Sign proposal (shows elevations of building) Exhibit E - Applicant s project description 4

5 RESOLUTION NO RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF VACAVILLE APPROVING THE CONDITIONAL USE PERMIT REQUEST TO LOCATE JIFFY LUBE WITHIN AN EXISTING BUILDING LOCATED AT 1013 EAST MONTE VISTA AVENUE SUBJECT TO THE CONDITIONS OF APPROVAL WHEREAS, the Planning Commission of the City of Vacaville conducted a hearing on May 18, 2010 to consider a Conditional Use Permit request for the Jiffy Lube to operate an auto maintenance and service facility, relating to the following described property: 1013 East Monte Vista Avenue 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 Jiffy Lube 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 reestablishment 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, and chapter Signs 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 General Commercial (GC) land use zoning district and is compatible with the adjacent Residential Overlay (RO) district. There will be no development on this site and the project will not result in intensification of the previously existing use at this location. There will be no additional impacts to the City s inventory of residential lands. NOW, BE IT RESOLVED that the Planning Commission does hereby approve the Jiffy Lube Conditional Use Permit request for 1013 East Monte Vista Avenue, 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 18 th day of May, 2010, by the following vote: AYES: NOES: ABSENT: ATTEST: Maureen T. Carson, Director of Community Development 6

7 EXHIBIT A CONDITIONS OF APPROVAL JIFFY LUBE 1013 EAST MONTE VISTA AVENUE FILE NO I. Standard Conditions of Approval: The applicant shall comply with the applicable Standard Conditions of Approval for Development. 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 Jiffy Lube to operate at 1013 East Monte Vista Avenue per the project description submitted with the application. The proposal is to: Paint the exterior of the building, add signage and refurbish the existing parking lot landscaping and fencing. During the summer, hours of operation would be from 7:30 am to 7:00 pm, and during the winter hours of operation would be from 7:30 am to 6:00 pm. Sunday hours vary from store to store so this location would either be closed on Sunday or open from 8:00 am to 5:00 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 in substantial compliance with plans approved by this action, dated May 18, 2010, except as modified by these conditions of approval. 3. All signs are subject to separate sign permit from the building department. 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 of the Land Use and Development Code. The following signs have been approved for this proposal: a. One (1) 16-8 tall freestanding sign with 32 square foot sign face, located on the southwest corner of the parcel. b. One 40 square foot building wall sign located on the primary elevation facing East Monte Vista. The sign shall consist of Jiffy Lube corporate colors and 40 square feet of lettering. c. One 27 square foot wall sign located on the secondary elevation facing Scoggins Court. The secondary frontage sign shall consist 54.5 square feet of sign face and lettering with Jiffy Lube corporate colors. d. No cabinet signs are approved. e. The City of Vacaville Land Use and Development Code prohibits sandwich board or portable signs. These types of signs shall not be utilized at this site. 7

8 4. The hours of operation shall be as follows: Monday thru Saturday 7:30 am to 7:00 pm during the summer and 7:30 am to 6:00 pm during the winter. Sunday hours of operation will be between 8:00 am and 5:00 pm. Any changes to the hours of operation shall be subject to a modification of this conditional use permit and approval by the Planning Commission. 5. All dumpsters shall be kept in the existing trash enclosure located at the far end of the building (northeast elevation). 6. Graffiti shall be removed as quickly as possible throughout the entire site and as often as necessary, including both sides of the fence located on the eastern property line. 7. All parking spaces 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. 8. One new parallel parking space shall be located at the rear portion of the site along the rear property line. The dimensions of the parallel parking space shall be 11 feet in width and 22 feet in length. 9. The two parking spaces located along the rear property line and at the west side of the building in the rear portion of the site shall be designated as employee parking only. 10. Plans submitted for building permit shall include a landscape plan drawn by a professional and licensed landscape architect and 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). To achieve this shading requirement, two (2) London Plane trees with a minimum caliper of 24, shall be planted along the southeast corner of the site, in addition to any other tree planting required in order to meet the shading requirement. b. New drought resistant shrubs shall be planted within the landscape planter located at the northeast portion of the parking lot near the front entrance to the lobby. c. The landscape plan shall identify where existing trees and shrubs are located and where and new trees and shrubs will be planted. Include a list of the shrubs and trees planted. d. Parking lot and site landscaping shall be in full compliance with the Commercial District Development Standards, Chapter This means dead trees and shrubs shall be replaced and the existing lawn area and healthy shrubs shall be trimmed and watered on a regular basis. 11. 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. 8

9 12. The Applicant (Broadbase, Inc., DBA Jiffy Lube) 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. 13. The Applicant (Broadbase, Inc. DBA Jiffy Lube) 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 14. The Fire Marshal shall identify on development plans all Fire Lanes and areas where parking is to be restricted. Fire Lanes shall comply with the current Fire Department Policy for Fire Lanes and Appendix D of the California Fire Code. Fire Lanes shall not be used for parking or deliveries at any time. 15. Fire systems shall comply with the applicable and most current codes and standards currently adopted and published by the National Fire Protection Association (NFPA) and Vacaville Fire Department (VFD) policies. 16. An automatic fire alarm system, including a fire alarm control panel and all other associated equipment and devices according to the applicable standards published by N.F.P.A. shall be installed (if required) to the satisfaction of the Fire Marshal. Plans and specifications shall be submitted to the Fire Department for review and approval prior to installation. 17. The Fire Marshal shall approve the location, number, and sizes of all portable fire extinguishers prior to the issuance of any building permits. 18. All buildings must have Fire Department approval before any tenants, employees, vendors, or patrons can be allowed in the building or before any stocking can be done. 19. Additional annual operational permits may be required by the Vacaville Fire Department prior to occupancy. 20. 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. Unless 9

10 specifically exempted by the Fire Marshal, address numbers are also required on rear doors. 21. 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 Number Height Size of Letter Center of Roadway Inches Inches 20 feet 4 3/ /4 Over /2 22. All dumpsters or trash containers with an individual capacity of 1.5 cubic yards or more shall not be stored in buildings or placed within five (5) feet of combustible walls, openings, or combustible roof eaves unless protected by an automatic sprinkler system approved by the Fire Marshal. 23. Prior to occupancy, a Hazardous Materials Inventory Statement (HMIS) shall be submitted to the Fire Prevention Bureau for review. Additional permits may be required by the Solano County Environmental Health Division. 24. 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 25. 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) foot-candle of light per square foot on parking surface during hours of darkness. All exterior lights should be of the vandal resistant type. 26. 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: 10

11 (d) (e) (f) (g) (h) (i) (j) 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. 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. 27. 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. 28. Disabled parking shall be maintained with the specifications outlined in the California Vehicle Code so that violations are enforceable. 29. The Police Department reserves the right to increase security requirements if there is marked increase in crime on the site once building is occupied. 11

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