Planning Commission Staff Report June 19, 2014

Transcription

1 Planning Commission Staff Report June 19, 2014 Project: Elk Grove 76 / 7-Eleven File: Request: 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: Staff: Nathan Anderson Owner/Applicant NNH Enterprises Nadeem Ijaz (Representative) 8655 Brahma Way Elk Grove, CA Agent Sutton & Associates Steve Sutton (Representative) 65 Quinta Court Sacramento, CA 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 ) pursuant to Section of Title 14 of the California Code of Regulations (State CEQA Guidelines); and 2. Approving the Elk Grove 76/7-Eleven Project (EG ) 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 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. 1

2 Elk Grove Planning Commission Elk Grove 76 / 7-Eleven (EG ) June 19, 2014 Page 2 Project EG was approved by Planning Commission on March 19, 2009 and adopted by the City Council on April 22, However, the Design Review permit was not exercised within three years of the final approval and thus expired in accordance with Chapter 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 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. Table 1: Project Site and Surrounding Land Use Designations Existing Uses General Plan Zoning Project Site Gas Station & Canopy Commercial LC North Shopping Center Commercial GC/LC South Gas Station & Canopy Commercial LC West Shopping Center Commercial GC/LC East State Route 99/ Shopping Center Commercial LC Figure 1: Vicinity Map 2

3 Elk Grove Planning Commission Elk Grove 76 / 7-Eleven (EG ) 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 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 Automobile Service Stations (23.72) Proposed Project Consistent? Minimum lot size is 15,000 square feet Gross Site Area- 30,947 square feet Maximum lot coverage for service 40 percent = 12,278. station including canopy is 40 percent Food Mart building- 2,808 of the total lot size. No more than 20 square feet, Canopypercent of the total area shall be 3,182 square feet. covered by the canopy Total- 5,990 square feet Yes Yes 3

4 Elk Grove Planning Commission Elk Grove 76 / 7-Eleven (EG ) June 19, 2014 Page 4 Development Classification Setbacks Landscaping Access/ Circulation Pedestrian Access Building Placement and Orientation Building And Canopy Design Parking Lighting Automobile Service Stations (23.72) 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. A minimum of one continuous 4-foot wide internal pedestrian walkway Buildings shall be placed close to the street and oriented to public view. 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. 5 spaces for the first 1,000 square feet, plus 1 space/300 square feet thereafter Constructed with full shielding. Canopy lighting shall be recessed. North- 0 feet South- more than 30 feet West- more than 15 feet East- more than 15 feet 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. 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 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 Consistent upon approval of the requested Variance Consistent upon approval of the requested Variance Consistent upon approval of the requested Variance Yes Yes Yes Yes Yes 4

5 Elk Grove Planning Commission Elk Grove 76 / 7-Eleven (EG ) June 19, 2014 Page 5 Development Classification Noise Automobile Service Stations (23.72) Proposed Project Consistent? 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. No residential zones within 500 feet, surrounded by other commercial use. Yes Design Review Chapter 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 5

6 Elk Grove Planning Commission Elk Grove 76 / 7-Eleven (EG ) June 19, 2014 Page 6 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 6

7 Elk Grove Planning Commission Elk Grove 76 / 7-Eleven (EG ) June 19, 2014 Page 7 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 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. 7

8 Elk Grove Planning Commission Elk Grove 76 / 7-Eleven (EG ) June 19, 2014 Page 8 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 8

9 Elk Grove Planning Commission Elk Grove 76 / 7-Eleven (EG ) June 19, 2014 Page 9 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 (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 ) exempt from CEQA pursuant to State CEQA Guidelines Section and approving the Elk Grove 76 / 7-Eleven Service Station Project (EG ), subject to the findings and conditions of approval contained in the draft resolution. 9

10 Elk Grove Planning Commission Elk Grove 76 / 7-Eleven (EG ) June 19, 2014 Page 10 Findings CEQA - Exemption Finding: The project is categorically exempt from the California Environmental Quality Act (CEQA) review pursuant Section 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 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. 10

11 Elk Grove Planning Commission Elk Grove 76 / 7-Eleven (EG ) June 19, 2014 Page 11 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 11

12 Elk Grove Planning Commission Elk Grove 76 / 7-Eleven (EG ) June 19, 2014 Page 12 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 12

13 RESOLUTION NO JUNE 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 APN: 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: ; and WHEREAS, the Project qualifies as a project under the California Environmental Quality Act (CEQA), Public Resource Code but is exempt; and WHEREAS, Section (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 (In-Fill Development Projects). 13

14 Evidence: The proposed Project is exempt from CEQA under Section 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 ) 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

15 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 15

16 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 th e 19th day June, 2014, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Sandy Kyles, PLANNING SECRETARY Nancy Chaires Espinoza, CHAIR of the PLANNING COMMISSION 16

17 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, Timing/ Impleme ntation On-Going Enforcement/ Monit oring Planning Verification (date and Signature) Any deviations from the approved plans shall be reviewed by the City for substantial compliance and may require amendment by the appropriate hearing body. 2. 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. 3. This action does not relieve the Applicant of the obligation to comply with all codes, statutes, regulations, and procedures. 4. 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: On-Going On-Going On Going Planning Planning Planning Public Works Building The City Zoning Code (Title 23 of the EGMC) EGMC Chapter (Automobile Service Stations) EGMC Chapter (Water Efficient Landscape Requirements) EGMC Title 16 (Building and Construction) 17

18 EXHIBIT A Conditions of Approval 5. 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. 6. 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 On-Going On-Going On-Going Improvement Plans Improvement Plan Submittal or Prior to Issuance of Grading Permit(s) Whichever Occurs First Enforcement/ Monit oring Planning Public Works CCSD SCWA SASD Planning Public Works Building CCSD SCWA SASD Public Works Public Works Public Works Verification (date and Signature) 18

19 EXHIBIT A Conditions of Approval 10. 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. 11. 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 Prior to Improvement Plan Acceptance and/or Prior to Issuance of a Grading Permit(s) Whichever Occurs First Improvement Plans Improvement Plans Improvement Plans Improvement Plans Building Permit Building Permit Building Permit Enforcement/ Monit oring Public Works Public Works Public Works Public Works Public Works Public Works Public Works Public Works Verification (date and Signature) 19

20 EXHIBIT A Conditions of Approval 18. The Applicant shall install landscaping along the Project s frontage to Elk Grove Blvd. to the satisfaction of Planning and Public Works. Timing/ Impleme ntation Building Permit Enforcement/ Monit oring Planning/Public Works Verification (date and Signature) 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 20. 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. Building Permit Public Works 20

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30 Title 24 Outdoor Power Allowance Calculation LZone: 3 SHELL ELK GROVE BLVD. ELK GROVE, CA /8/2008 Power Allowance Area (ft²) (W/ft²) Ref. Table Allowed Wattage Estimate Wattage Utilized Total Area of Service Station 21, Service Station Dispensing Stations 3, B 5,295 5,040 (canopies + fueling islands) Non-Sales Canopies B 0 0 Service Station Hardscape Area 18, B 7,223 2,052 Buildings 0.00 Total 12,519 7,092 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

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36 Development Services - Planning 8401 Laguna Palms Way Elk Grove, California Tel: Fax: 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 ) 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 AGENT: Sutton & Associates, Inc. Steve Sutton (Representative) 1441 Las Salinas Way Sacramento LOCATION/APN: 8475 Elk Grove Blvd. / APN ZONING: SC Shopping Center ENVIRONMENTAL: Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations Section (In-Fill Development Projects). PROJECT PLANNER: Nathan Anderson (916) NOTICE REGARDING APPEALS Pursuant to 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 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) 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) or skyles@elkgrovecity.org 36

37 37 Elk Grove 76 / 7-Eleven - (EG ) APN ADDRESS CITY STATE ZIP PO BOX 8050 BENTONVILLE AR PO BOX 185 BRIDGEVILLE CA CONCORD AVE 200 CONCORD CA SAINT AUGUSTINE DR ELK GROVE CA ELK GROVE BLVD ELK GROVE CA AUTO CENTER DR ELK GROVE CA AUTO CENTER DR ELK GROVE CA PO BOX 2121 ELK GROVE CA DOUGLAS BLVD GRANITE BAY CA PO BOX 911 MARYSVILLE CA OREGON AVE PALO ALTO CA EUREKA RD 130 ROSEVILLE CA EUREKA RD 230 ROSEVILLE CA N SUNRISE AVE C ROSEVILLE CA L ST 5 SACRAMENTO CA AUBURN BLVD SACRAMENTO CA MADISON AVE SACRAMENTO CA E HOSPITALITY LN 300 SAN BERNARDINO CA E BROADWAY BLVD TUCSON AZ PO BOX 1548 WARRENVILLE IL SHERWOOD DR YUBA CITY CA ELK GROVE BLVD ELK GROVE CA ELK GROVE BLVD ELK GROVE CA ELK GROVE BLVD ELK GROVE CA ELK GROVE BLVD # 100 ELK GROVE CA ELK GROVE BLVD # 200 ELK GROVE CA ELK GROVE BLVD # 300 ELK GROVE CA ELK GROVE BLVD ELK GROVE CA ELK GROVE BLVD # 1 ELK GROVE CA ELK GROVE BLVD # 10 ELK GROVE CA ELK GROVE BLVD # 11 ELK GROVE CA ELK GROVE BLVD # 12 ELK GROVE CA ELK GROVE BLVD # 2 ELK GROVE CA ELK GROVE BLVD # 3 ELK GROVE CA ELK GROVE BLVD # 4 ELK GROVE CA ELK GROVE BLVD # 5/6 ELK GROVE CA ELK GROVE BLVD # 6 ELK GROVE CA ELK GROVE BLVD # 7 ELK GROVE CA ELK GROVE BLVD # 8 ELK GROVE CA ELK GROVE BLVD # 9 ELK GROVE CA ELK GROVE BLVD ELK GROVE CA ELK GROVE BLVD ELK GROVE CA ELK GROVE BLVD ELK GROVE CA ELK GROVE BLVD ELK GROVE CA ELK GROVE BLVD # 100 ELK GROVE CA 95758