Planning Commission Staff Report February 5, 2015

Transcription

1 Planning Commission Staff Report Project: 99 Cents Only Store File: EG Request: General Plan Amendment, Rezone, and Design Review Location: 8945 Brown Road; northeast corner of Elk Grove-Florin Road and Brown Road APN: Staff: Gerald Park, Senior Planner Owner Mou H. Tang 9080 Brown Road Elk Grove, CA Applicant PM Design Group, Inc. Duncan Wallace (Representative) th Avenue, W. Suite 300 Lynwood, WA Staff Recommendation Staff recommends that the Planning Commission adopt a Resolution making a recommendation that the City Council: 1. Adopt the Mitigated Negative Declaration for the 99 Cents Only Store Project (EG ) subject to findings and mitigation measures; 2. Approve a General Plan Amendment to change the land use designation of Office to Commercial; 3. Approve a Rezone to change the zone district of Business and Professional Office (BP) to Shopping Center (SC); and 4. Approve a Design Review for the 99 Cents Only Store Project (EG ), subject to the findings and conditions of approval included in the draft Resolution (Attachment 1). Project Description The proposed 99 Cents Only Store Project (Project) consists of a General Plan Amendment, Rezone, and Design Review to allow the construction of a 20,100-square-foot retail building and associated site improvements including parking, lighting, and landscaping. Project Setting The Project site consists of a single 3.48-acre parcel located at the northeast corner of Brown Road and Elk Grove-Florin Road (see Figures 1 and 2). The Project site is partially developed with a single-family residence located on the eastern portion of the site. The remainder of the site is vacant. Surrounding land uses include a shopping center to the north; daycare facility and multi-family residential to the south; agricultural-residential to the east; and single-family residential to the west. Table 1 provides the General Plan land use designations and zoning designations for the surrounding uses. 1

2 Page 2 Table 1 - Adjacent Land Designations and Uses Existing Use General Plan Zoning Project Site Single-Family Residential Office Business and Professional Office (BP) North Shopping Center Commercial Shopping Center (SC) South Daycare Facility and Multi-Family Residential High Density Residential High Density Residential-20du/ac (RD-20) East Agricultural- Residential Low Density Residential Agricultural Residential-5 acres (AR-5) West Single-Family Residential Public Open Space/Recreation Low Density Residential High Density Residential Low Density Residential 7 du/ac (RD-7) High Density Residential 25 du/ac (RD-25) Figure 1 - Location Map Project Location N 2

3 Page 3 Figure 2 Project Site Project Site Analysis The proposed Project has been reviewed in accordance with the City s General Plan, Title 23 of the Municipal Code (Zoning Code), and the City s Design Guidelines. General Plan Amendment The proposed General Plan Amendment is required to accommodate the proposed retail development. The General Plan Amendment would change the site s existing General Plan land use designation of Office to Commercial. Staff s analysis indicates that the proposed amendment is consistent with the surrounding area. The proposed land use change would be consistent with the existing Bel Air Village Shopping Center abutting to the north, which has a land use designation of Commercial. Thus, the proposed retail development would be a logical extension of the shopping center. This uniformity in land use designation would enhance the character of the surrounding area as the Project will continue to promote business uses and will provide a wide variety of goods and services in the area for residents and commuters. In addition, the proposed Project would implement policies consistent with the Economic Development of the General Plan which encourages full and efficient use of vacant and underutilized parcels. 3

4 Page 4 Figure 3 General Plan Amendment HDR C LDR LDR PbOs/Rec Office to Commercial PbOs/Rec HDR Rezone Similar to the General Plan Amendment, a Rezone is also necessary to accommodate the proposed Project. The current zoning for the Project site is BP (consistent with the existing General Plan designation of Office). The proposed Rezone would change the zoning designation of BP to SC, which is consistent with the proposed General Plan Amendment. The proposed retail development would be an extension of the existing shopping center to the north that offers a mixture of uses that includes retail uses, offices, and commercial uses. Figure 4 Specific Plan Amendment/Rezone SC RD-25 AR-5 RD-7 BP TO SC RD-20 4

5 Page 5 Design Review Commercial projects are subject to Design Review for compliance with the Zoning Code and the City s Design Guidelines standards. The Applicant has provided a site plan, building elevations, and landscape plan associated for the development of a 20,100 square-foot retail building. Table 2 below provides a summary of the Project s conformity with the development standards followed by additional discussion on the site, architecture, and landscaping Table 2 - Conformity with Development Regulations Development Standard Building Setbacks Landscape Setbacks Required Proposed Complies Front and Street Side = 25 feet Interior (rear and side adjacent to non-residential) = 0 feet Interior (rear and side adjacent to residential)=25 feet 36 along Elk Grove-Florin Road 25 along Brown Road North: 32 feet South: 25 feet East: 367 feet West: 36 feet 36 feet 25 feet Yes Yes Building Height Limit 40 maximum 36-9 Yes Building Coverage None 39% N/A Parking Spaces (Total) Yes Site Plan As illustrated in Figure 5, the proposed 20,100-square-foot retail building is located on the western half of the parcel with the parking lot located on the eastern half. The placement of the building near the street frontages allows for a more pedestrian-friendly development when integrated as part of the existing shopping center. The City s Design Guidelines encourages a village design concept for retail commercial that combines desirable pedestrian access between the street, parking lot, and uses within the integrated development. The primary building entrance is located on the east side of building facing the parking lot. Access into the site will be provided via one existing driveway off of Elk Grove-Florin Road and one new driveway off of Brown Road. The existing driveway would be improved to accommodate this Project. Pursuant to the City s Design Guidelines, the driveways will be pronounced by the utilization of enhanced paving. The parking lot is designed to provide full circulation. The Zoning Code requires a total of 91 parking stalls for the Project. A total of 113 parking stalls are proposed, which has been conditioned (Condition #37) to have reciprocal access and parking with the Bel Air shopping center to the north. Pedestrian connection is provided throughout the site. Pedestrian connection from the parking lot to the building entrance will be provided via 4-foot wide sidewalks placed within the two raised parking lot continuous landscape planters. In addition, pedestrian crossings within the parking lot are delineated with enhanced paving. Pedestrian 5

6 Page 6 connection to the building entrance from the Elk Grove-Florin Road landscape corridor is provided along the north side of the building. As no pedestrian connection is proposed from the Brown Road landscape corridor, Condition #27 has been included that requires the Applicant to provide the pedestrian connection to the satisfaction of the Planning Director. The building loading dock area is located on the south side of the building. Locating the loading area on the south side of the building allows the building frontage to have a more desirable alignment with the parking lot and pedestrian crossings. In order to provide effective screening, a 13-8 screen wall with multiple evergreen plantings is proposed on the south side of the loading dock area. In addition, the loading dock facing the residential zoned property to the east maintains the 500 feet setback distance as required by the Zoning Code for off-street loading. Figure 5 - Site Plan Architecture The proposed building has a consistent theme and color pallet that extends to all elevations. The building materials consist of integral colored split face and precision concrete masonry units (CMU), and cement plaster finish. The color palette consists of earth-tone colors of brown, tan, and light beige for the building mass. The corporate color of magenta is proposed for the tube steel awning and a portion of the fascia above the building entrance. The metal hollow exit doors and the overhead coiling receiving door in the loading area are proposed to be painted navy blue. Staff believes that the doors should be discreet and blend with the adjacent wall color. Therefore, Condition #28 has been added that would require the doors to be painted to match the adjacent wall color. In order to provide visual interest and reduce building massing, 6

7 Page 7 the building facade incorporates horizontal and vertical breaks, horizontal accent banding, CMU column wainscot, wall trellises, faux steel window frames, and varying wall planes. The building roofline varies in height ranging between 20 and 37 feet. All roof mounted mechanical equipment will be screened from public view from Elk Grove-Florin Road, Brown Road, and the parking lot. The proposed building meets the required setbacks and does not exceed the height limit as established in the Zoning Code for commercial development. Figure 6 - SC Building Elevation North Elevation East Elevation South Elevation West Elevation 7

8 Page 8 Landscaping Site landscaping includes a variety of shade trees such as London plane, California sycamore, Sawleaf zelkova, Scarlet oak, Sweet bay, and Glory maple (Figure 7). The proposed trees, shrubs and groundcover will complement the planting palette that was utilized for the existing Bel Air shopping center. This Project is subject to Title of the Municipal Code (Water Efficient Landscape Requirements) and has been conditioned to comply with the requirements. Figure 7 - Preliminary Landscape Plan Letters from Commenting Agencies This Project was circulated to various City, County, and utility agencies for review and no issues of concern were identified. Comments from agencies have either been addressed through the processing of the Project or have been included as Conditions of Approval. These conditions have been compiled as Exhibit C in the attached Resolution (Attachment 1). Environmental Analysis The California Environmental Quality Act (Section 21000, et. seq. of the California Public Resources Code, (hereinafter referred to as 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 subdivision is a project under CEQA. The Planning Department prepared an Initial Study for the Project to identify whether or not any significant environmental impacts may result from the proposed Project. Specifically, the following environmental factors were addressed: aesthetics, agricultural land, air quality, biological resources, cultural resources, geology and soils, greenhouse gas emissions, hazardous materials, hydrology/water quality, land use/planning, mineral resources, noise, population/housing, public services, recreation, transportation/traffic, and utilities/service systems. The Initial Study determined that the proposed Project would not result in any significant environmental impacts that could not be mitigated. Mitigation measures were incorporated to 8

9 Page 9 ensure that the Project would have a less than significant impact on the environment. A Mitigated Negative Declaration (MND), incorporating these mitigation measures, has been prepared and included as part of Attachment 3. Pursuant to the CEQA, the Initial Study/Mitigated Negative Declaration (IS/MND) was circulated to various local, county, and State agencies for review. The 30-day public review period lasted from December 19, 2014, through January 19, During the public review period, staff received 2 comment letters as listed below. The letters are included as Attachment 3. Staff has reviewed the comments and prepared the following responses. These comments do not alter the conclusions of the IS/MND. California Department of Fish and Wildlife (CDFW) Comment: CDFW requested that a mitigation measure be added requiring pre-construction surveys for Western burrowing owl and other nesting birds; and the Initial Study should state less than signification with mitigation for 4(a). CDFW noted that there are known occurrences of both burrowing owl and Swainson s hawk within 2 miles of the Project site. Staff s Response: The IS/MND considered the potential for burrowing owl, nesting birds, and Swainson s hawk. However, a thorough survey of the site revealed that there is not suitable habitat on the site, so there is little to no potential for these species to occur. The western half of the property is a dirt/gravel lot, with extremely sparse ground cover, that patrons of the northern shopping center drive regularly cross to get to the stop light at Brown Rd and Elk Grove Florin Rd. The eastern half of the property contains an existing residence, with a maintained lawn and two small fruit trees. A thorough survey of the property conducted by the biological consultant found no burrows of any size or any man-made structures appeared as though they could support burrowing owls. The lack of ground cover, shrubs, or trees, and the human disturbance on the Project site make it highly unlikely that migratory birds are nesting in the area or that Swainson s hawks are using the site to forage. Based on all these data, no mitigation measures for birds were included in the IS/MND. Central Valley Regional Water Quality Control Board Comment: Standard letter regarding permit requirements for new construction. Staff s Response: No further action is required. 9

10 Page 10 Recommended Motions Should the Planning Commission agree with staff s recommendation, the following motions are suggested: 1. I move that the Planning Commission adopt a Resolution recommending that the City Council adopt the Mitigated Negative Declaration for the 99 Cents Only Store Project (EG ), subject to findings and mitigation measures contained in the February 5, 2015 staff report packet); and 2. I move that the Planning Commission adopt a Resolution recommending that the City Council approve the General Plan Amendment, Rezone, and Design Review for the 99 Cents Only Store Project (EG ), subject to the findings and conditions of approval included in the draft Resolution (Attachment A). Attachments 1. Resolution Recommending Approval to Council Exhibit A: Project Description Exhibit B: Project Plans Exhibit C: Conditions of Approval 2. Draft Mitigated Negative Declaration (MND) 3. MND Comment Letters 10

11 RESOLUTION NO. A RESOLUTION OF THE CITY OF ELK GROVE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVE THE MITIGATED NEGATIVE DECLARATION FOR THE 99 CENTS ONLY STORE PROJECT AND APPROVE THE GENERAL PLAN AMENDMENT, REZONE, AND DESIGN REVIEW FOR THE 99 CENTS ONLY STORE PROJECT PROJECT NO. EG APN: WHEREAS, the Planning Department of the City of Elk Grove received an application on June 11, 2014 from PM Design Group, Inc. (the Applicant ) requesting a General Plan Amendment,, Rezone, and Design Review (the Project ); 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 ; and WHEREAS, based on staff s review of the Project, no special circumstances exist that would create a reasonable possibility that granting a General Plan Amendment, Rezone, and Design Review for this Project will have a significant effect on the environment beyond what was analyzed in the Mitigated Negative Declaration prepared for the Project and disclosed; and WHEREAS, the Planning Department considered the Project request pursuant to the General Plan, Title 23 of the Elk Grove Municipal Code (Zoning Code), City s Design Guidelines, 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 recommends that the City Council approve the Mitigation Negative Declaration for the Project based upon the following finding: CEQA Finding: The proposal will not have a significant adverse impact on the environment and all potentially significant effects have been adequately analyzed in a Mitigated Negative Declaration that was prepared for the 99 Cents Only Store Project by the City. The Mitigated Negative Declaration adequately addresses all environmental issues related to the development of the subject property. Evidence: Staff prepared an Initial Study/Mitigated Negative Declaration for the 99 Cents Only Store Project and mitigation measures have been developed that will reduce 11

12 potential environmental impacts to less than significant levels. Preparation of a Mitigation Monitoring and Reporting Program (MMRP) is required in accordance with the City of Elk Grove regulations and is designed to ensure compliance during project implementation. The City distributed the Notice of Intent to Adopt the Mitigated Negative Declaration on December 19, It was posted at the Sacramento County Clerk s office, distributed through State Clearinghouse and at the City offices, pursuant to Section of Chapter 3 of Title 14 of the California Code of Regulations (State CEQA Guidelines). A 30-day review and comment period was opened on December 19, 2014 and closed on January 19, The Mitigated Negative Declaration was made available to the public during this review period. The City received two written comment letters within the 30-day public review period. The comments do not alter the conclusions of the Initial Study/Mitigated Negative Declaration. On the basis of the Mitigated Negative Declaration, environmental analysis, and the whole record, there is no substantial evidence that the Project will have a significant adverse impact on the environment above those addressed within the adopted Mitigated Negative Declaration. AND, BE IT FURTHER RESOLVED, that the Planning Commission of the City of Elk Grove recommends City Council approval of the General Plan Amendment, Rezone, and Design Review for the 99 Cents Only Store Project (EG ) as illustrated in Exhibit B, incorporated herein by this reference, and subject to the Conditions of Approval provided in Exhibit C, incorporated herein by this reference based upon the following findings: General Plan Amendment Finding: The General Plan Amendment is consistent with goals and policies of the Elk Grove General Plan. Rezone Evidence: The Project proposes to change the land use designation of Office to Commercial. The amendment would allow the development of a retail development that is more consistent with the adjacent retail shopping center to the north. The shopping center has a General Plan land use designation of Commercial. All necessary public facilities and services will be provided to the Project site in accordance with all local, county, and State development requirements. Finding: The proposed zoning amendments are consistent with the General Plan goals, policies, and implementation programs. Evidence: The proposed rezone of the site to Shopping Center (SC) is consistent with the zoning designation of the property to the north and would implement the General Plan land use designation proposed concurrently as part of the General Plan Amendment. The Project implements the General Plan s policies and goals for orderly development that is supported by public infrastructure and services. The proposed rezoning meets all applicable development standards established in Elk Grove Municipal Code Title 23 Zoning. 12 Planning Commission Resolution Resolution 2015-XX Page 2 of 23

13 Major Design Review Finding #1: 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 and Citywide Design Guidelines. The Project meets the requirements for setbacks, parking, lighting, and landscaping. The proposed elevations for the development have been designed to be distinctive, but compatible with the shopping center to the north in regard to scale, architectural style, and bulk, which is consistent with the requirements of the Guidelines. The elevations utilize both split face and precision CMU blocks, cement plaster finish and façade details such as horizontal and vertical breaks, horizontal accent banding, CMU column wainscot, wall trellises, faux steel window frames, and varying wall planes. There will be a variety of landscaping materials concentrated along the street frontages and in the parking lot. The Project has a clear design concept which is carried through to all elements of the Project. Additionally, the Project is subject to conditions of approval that will ensure consistency with all standard requirements. Finding #2: 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 building and site and will enhance the character of the neighborhood and community. The site design includes enhanced pavement at the driveway entrances; pedestrian connection throughout the site that includes connection from the parking lot and landscape corridors to the building entrance; enhanced pavement at pedestrian crossings; and a selected landscape palette that minimizes visibility from adjacent streets. The building has defined elevations and a covered entry. Thus, the proposed site design and building elevations provide all design elements required by the Citywide Design Guidelines and Zoning Code, including consistent detailing of the architectural style, application of a consistent color palette throughout the Project, and providing sufficient pedestrian connectivity and landscaping. Finding #3: 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 proposed elevations have been designed to be distinctive, but still compatible with the adjacent commercial shopping in regard to scale, architectural style, and mass. The elevations utilize split face and precision CMU blocks, cement plaster finish, and various façade details such as horizontal and vertical breaks, horizontal accent banding, CMU column wainscot, wall trellises, faux steel window frames, and varying wall planes that soften the edge of the building and enhance the pedestrian scale and streetscape. Thus, the Project has a clear design concept which is carried through to all elements of the Project. Planning Commission Resolution Resolution 2015-XX Page 3 of 23 13

14 Finding #4: The proposed Project will not create conflicts with vehicular, bicycle, or pedestrian transportation modes of circulation. Evidence: The proposed Project will include pedestrian access from each street and internal pedestrian pathways. These features will provide for and will not create conflicts with pedestrian transportation. Vehicular circulation is provided for throughout the site and the site provides 113 parking spaces, which exceeds the City parking standards. The Project also provides the required number of bicycle parking spaces at the northeast corner of the building. 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. The foregoing Resolution of the City of Elk Grove was passed and adopted by the Planning Commission on the 5 th day of February 2015, by the following vote: AYES: NOES ABSENT: ABSTAIN: ATTEST: Sandy Kyles, PLANNING SECRETARY Nancy Chaires Espinoza, CHAIR of the PLANNING COMMISSION 14 Planning Commission Resolution Resolution 2015-XX Page 4 of 23

15 Exhibit A 99 CENTS ONLY STORE (EG ) Project Description PROJECT DESCRIPTION The proposed Project, 99 Cents Only Store, involves a General Plan Amendment, Rezone, and Design Review to allow the construction of a 20,100-square-foot retail building and associated site improvements including parking, lighting, and landscaping. General Plan Amendment To change the land use designation of Office to Commercial Rezone To change the zone district of Business and Professional Office (BP) to Shopping Center. Design Review To allow the construction of a 20,100-square-foot retail building and associated site improvements including parking, lighting, and landscaping. ### Planning Commission Resolution Resolution 2015-XX Page 5 of 23 15