ITEM 7-C. CITY OF ALAMEDA Memorandum. Honorable President and Members of the Planning Board. Andrew Thomas City Planner. Date: July 22, 2013

Transcription

1 ITEM 7-C CITY OF ALAMEDA Memorandum To: From: Honorable President and Members of the Planning Board Andrew Thomas City Planner Date: Re: Willie Stargell Avenue Design Review and Use Permit Application PLN to Construct Three Commercial Buildings, Landscaping, Parking and Two Drive Through Lanes for a Service Station, Bank and Fast Food Restaurant on a 2.3-Acre Site Webster Street and Mariner Square Loop BACKGROUND The applicant, Catellus Alameda Retail, LLC ( Catellus ), is requesting Design Review and Use Permit approval for three commercial buildings, landscaping, parking and associated improvements on a vacant 2.3-acre parcel located at the corner of Webster Street and Stargell Avenue ( Willie Stargell Avenue). The three buildings include a 950-square foot Safeway fuel center, a 3,475- square foot Chase Bank, and a 3,750-square foot In-N-Out Burger. Use Permits are required for the operation of a fuel center (i.e. gas station and convenience store); extended hours of operation of the fuel center to allow 24-hour, sevenday-a week operation; operation of a drive-through lane for the Chase Bank; operation of a drive- through lane for the In-N-Out Burger; and extended hours of operation for In-N-Out Burger Sunday-Thursday until 12:30 am and Friday and Saturday until 1:30 a.m. (The applicant has withdrawn its request for a use permit for beer and wine sales at the fuel center and reduced its request for extended hours for In-N-Out Burger.) The property is zoned Community Commercial with a Multifamily Overlay. The proposed uses are consistent with the community commercial zoning district designation. As described in the June 24, 2013 staff report, the application does not include any housing, but the applicant's decision to forgo housing opportunities on this site will not impact the City's supply of housing sites. On June 24, 2013, the Planning Board held a study session to review the proposal. A number of speakers attended the meeting and raised concerns about crime, traffic, design, and the need for healthy food options in West

2 Alameda. Based upon the comments received, the applicant made a number of changes to the proposal. These changes are described below. Based upon the analysis below, staff is recommending conditional approval of the proposed project. The draft resolution is attached as Exhibit 1. The revised site plan, landscape plan, and elevations are included as Exhibit 2. ANALYSIS The site plan is determined by the unusual shape of the property and the lack of access from the primary street frontage on Webster Street. Webster Street in this location is a state highway, and Caltrans does not permit automobile access to the site from Webster Street. Automobile access to the site is provided from the Stargell Avenue and Mariner Square Loop sides of the property. The Stargell Avenue entrance allows for a "right in-right out" access point, and a turn pocket is provided to ensure a safe entry into the site for cars slowing down on Stargell Avenue to enter the site. Automobiles approaching the site from the west on Stargell Avenue or from Mariner Square Loop will use the Mariner Square Loop access point. Bicycle access to the site is provided from Stargell Avenue and Mariner Square Loop. Stargell Avenue includes bicycle lanes. Sidewalks are proposed along the Mariner Square Loop and Stargell Avenue frontages. The Safeway gas station is located at the north end of the site. There is a small kiosk (950 square feet) adjacent to Stargell Avenue and nine fuel pumps. The remainder of the station is dedicated to drive aisles, vehicle stacking and back up Planning Board Meeting Page 2 of 13

3 areas. The front of the kiosk faces northeast towards the fuel pumps. The nine fuel pumps are covered by a canopy roof structure that is supported by columns. Access to the fuel station pump islands is restricted by a one-way circulation system. Cars waiting for gas will queue in the paved area between the pumps and Mariner Square Loop. When exiting the pump area, vehicles will be able to exit at Stargell Avenue or circle back within the site in a counter-clockwise direction to exit at Mariner Square Loop. The Chase Bank building is located in the middle of the site. The bank building is relatively small (3,475 square feet). The main entry door and walk-up ATM face Stargell Avenue. The drive-through ATM lanes are located on the back of the building between the building and Webster Street. The In-N-Out Burger building is located at the south end of the site. The building is also relatively small (3,750 square feet) and is surrounded by drive aisles, parking spaces, and landscaping. The drive-through service window and lanes are located on the back of the building between the building and Stargell Avenue. The parking for the restaurant and the bank are located in the center of the site. The proposal includes 69 on-site parking spaces consistent with the CC zoning district maximum, two visitor and one long-term bike rack for the Chase Bank and three visitor and one long-term bike rack for the restaurant, consistent with the City of Alameda s bicycle parking requirements. Response to Comments from the June 24, 2013 Planning Board Study Session Crime: At the June meeting, a number of residents expressed concerns that the proposal would result in an increase in crime in the adjacent neighborhoods and in the Bayport neighborhood specifically. According to the Alameda Police Department: The proposal is not expected to result in an increase in crime in the adjacent neighborhoods. Crime data from the neighborhoods around the South Shore Shopping Center and the Bridgeside neighborhood do not support the argument that commercial uses in proximity to a residential neighborhood cause an increase in crime in the adjacent neighborhoods. The amount of crime in the neighborhoods around South Shore is no greater than in neighborhoods that are not in close proximity to South Shore. Likewise, crime did not increase adjacent to the Bridgeside Shopping Center after the Bridgeside Shopping Center was developed with a grocery store, gas station, and a range of uses including fast food. The Bayport neighborhood has recently experienced some residential burglaries. The Alameda Police Department attended a Bayport neighborhood meeting in late June. Issues were raised about the Bayport Planning Board Meeting Page 3 of 13

4 neighborhood s private security firm and the need to begin a Neighborhood Watch Program. However, it should be noted that the number of incidents that have occurred in the Bayport neighborhood are not more than the number of incidents occurring on a per capita basis in other Alameda neighborhoods. Because the site is vacant, there is no criminal activity associated with the property. In any new commercial development, it can be expected that there will be some level of crime. Whether it be petty theft from the restaurant, gas station, or the ATM machines, the mere presence of a new business will eventually generate some criminal activity. To minimize the incidence of crime on the site, the applicant will be providing private security to support the Police Department efforts to minimize on-site crime. Traffic: Traffic generated by the project was an issue raised by a number of speakers at the June meeting. The proposed development is expected to be a successful commercial project, which will generate automobile trips. Staff anticipates that West End residents will use the Safeway Gas Station and Chase Bank, and that residents citywide will patronize the In-N-Out Burger. Although staff expects the project to be very commercially successful, staff does not expect the project to result in a noticeable difference in traffic in the tubes or on the citywide transportation system, for the following reasons: The tubes are congested during the weekday AM peak commute period and the PM peak commute period. In the AM peak period, the In-N-Out Burger will not be open, and the vast majority of the automobile trips to the gas station and the bank will be "pass-by" trips. The In-N-Out does not open until after the end of the AM peak commute period. Pass-by trips are trips by people who are traveling to a different destination who decide to stop at the site on their way to their primary destination. Pass-by trips are just as important as non-pass- by trips when considering the internal circulation on the site, but they are not as important when considering the impact of the project on the City-wide transportation network, or the tubes. Pass-by trips are existing trips that will continue to use the city-wide network whether the project is approved or not. In other words, a resident driving to work in the morning through the tubes may choose to stop for gas on the way to work, but that resident will be driving through the tubes to work even if this project does not occur, so rejecting the project does not remove that automobile from the tubes. In the PM Peak period, when Alameda residents are traveling through the tubes to return home, the traffic analysis estimated conservatively that up to 50% of all the trips generated by the project would be from Oakland during the PM commute hours, or approximately 60 additional cars per hour in the tubes. If the analysis overestimates the percentage of the total trips from Oakland, then the number of cars per hour from Oakland will be less than 60 per hour. Planning Board Meeting Page 4 of 13

5 The site plan is designed to accommodate approximately 14 cars within restaurant drive through lane. In-N-Out Burger utilizes staff to manage the line of cars in the lane to ensure that in no case are the cars blocking the flow of traffic on the public street. Therefore there will not be any circumstance where customers visiting the site are blocking traffic on Stargell or in the tubes. In conclusion, staff acknowledges that the project will increase traffic in the vicinity of the site and within the tubes (the site is currently vacant and not generating any trips), but based upon the traffic analysis for the project (Exhibit 4), staff believes that the existing street network, the tubes, and the site plan can accommodate the additional traffic without any safety concerns or noticeable change in commute times for Alameda residents. Furthermore, to minimize the impact of the new automobile trips on the tubes, the project will be contributing funds annually to the West Alameda Transportation Management Agency. These funds will be used to operate commuter shuttles from the Bayport-Alameda Landing mixed use project area to Oakland BART stations during the AM and PM commute hours. The purpose of these shuttles is to reduce traffic generated by redevelopment of the area. Pedestrian Safety: A number of speakers raised concerns about the difficult pedestrian access to the In-N-Out Burger. Speakers raised concerns about pedestrians j-walking across Stargell to access the In-N-Out Burger. At staff s request, Catellus developed an alternative site plan in which the In-N-Out Burger is moved to the Mariner Square Loop end of the property to discourage j-walking by pedestrians walking from Webster Street or from the College of Alameda. Planning Board Meeting Page 5 of 13

6 Unfortunately, the alternative site plan shown above has its own set of problems such as: Internal Pedestrian Circulation: The alternate site plan requires that some of the In-N-Out customers park in front of the Chase Bank, which causes those customers to cross the internal drive aisle, between In-N-Out and Chase Bank, that provides access to Stargell Avenue. Staff would prefer to minimize the number of pedestrians crossing this internal drive aisle. In-N-Out Drive Through Lane: If and when the In-N-Out drive-though lane gets over-crowed, In-N-Out staff will manage and extend the drive through lane with temporary cones. In the alternative plan, this extension must occur in the primary lane that provides access to Mariner Square Loop. In the proposed plan, the temporary extension would occur within the In-N-Out parking areas and lanes. Fuel truck access to the gas tanks is somewhat problematic in the alternative plan, which could create additional circulation problems on-site. Although these problems could be alleviated if deliveries occur in the middle of the night, staff is recommending a condition of approval to limit truck deliveries to normal business hours to reduce truck traffic in the area during the evening hours. Although, the alternative site plan does not resolve the pedestrian issues, staff believes the project will be safe for pedestrians for the following reasons: Since the June meeting, City staff has been working with Caltrans to add a pedestrian crosswalk and pedestrian-activated signal at the intersection of Webster Street and Stargell Avenue. This new crosswalk would allow pedestrians walking to the restaurant from Webster Street to safely cross Stargell Avenue to the site. A proposed condition of approval requires the applicant to construct the improvements if the City is able to achieve Caltrans approval for the cross-walk. Staff is encouraged by the initial Caltrans discussions and is hopeful that Caltrans approval will be forthcoming. The project is conditioned to provide a fourth crosswalk at the intersection of Mariner Square Loop and Stargell to facilitate pedestrian crossings at this intersection. Currently, only three of the four legs of the intersection include pedestrian crossings. With these two crosswalks, the site will be accessible by pedestrians from both corners of the block, which is the typical condition in Alameda on other four lane roads, such as Lincoln Avenue, Webster Street, and Park Street. Due to concerns raised by speakers about college students "j-walking" from the College of Alameda during the lunch hour, staff is also recommending a condition of approval to require installation of a 3-foot decorative fence in the median on Planning Board Meeting Page 6 of 13

7 Stargell Avenue to discourage pedestrians from crossing the street at the midblock. Staff is also recommending a condition of approval requiring a decorative landscaped fence be added to the on-site landscape plan to further discourage illegal "j-walking". Examples of Median Fences Example of a fence in a landscape area to discourage access. Gateway Design Issues: At the meeting, several speakers expressed concern that the proposal would not result in an attractive gateway to the City of Alameda. Currently, visitors to Alameda have the following visual experiences as they enter the City from the Webster tubes: A visitor to Alameda's first view of Alameda occurs as s/he exits the Webster Tube. The first view of Alameda is dominated by Caltrans directional signs and the back of the Mariner Square Athletic Club on the right. The recently constructed vertical monument sign for Alameda Landing sits in the Planning Board Meeting Page 7 of 13

8 foreground in front of the Health Club building. On the left, a visitor s first view is of the Constitution Way elevated ramp. As the visitor passes the health club and Constitution Way ramp, the view on the right changes to the Pavilion Event Center and the subject site, which is vacant and covered in a variety of shrubs and weeds. On the left, the visitor sees the beginning of Neptune Park. Straight ahead, the visitor sees the Stargell intersection stop lights and the College of Alameda on the right in the background. The site plan is designed to improve this important gateway into Alameda by: Replacing the existing weeds and shrubs with a coordinated Bay Friendly landscape plan that includes ground cover, shrubs, and trees designed to complement the recently completed Stargell Avenue landscape improvements, the College of Alameda north entrance improvements, and the ongoing improvements at the adjacent Pavilion event center (future swim center). The landscape plan wraps the site with ground cover, berms, shrubs and trees along all three sides of the property. The plan is designed to screen the drive-through lanes, perimeter circulation lanes and on-site parking, so that the visitor passing the site sees a landscape edge (not cars) with the tops of the buildings appearing over the landscape screen. As the visitor enters Alameda, the visitor's first view of the site will include the perimeter landscaping and a "Welcome to Alameda" sign on a low brick wall. The wall and landscaping will be placed on a berm to further screen the cars on the site from view. The sign facing the Webster tube will welcome visitors to the City of Alameda and the Webster Street commercial district. In the background, the visitor will see the gasoline canopy over the landscape perimeter. As the visitor passes the site on his/her right, the view will continue to be dominated by the Bay Friendly landscaped perimeter plantings. However the view of the site will change as s/he pass the gas station, and the top of the Chase Bank building and In-N-Out Burger building become visible above the landscaped edge. At the request of the commenters, the project applicant will install story poles to indicate the height and location of the proposed buildings on the site. The poles will be erected before the meeting and will remain on the site until after the public hearing. Healthy Foods and In-N-Out Burger: Several speakers and the petition raised concerns about allowing a fast food restaurant on the site. The petition and some speakers argued that the City should require healthier foods and that In-N- Out Burger should not be allowed. The Zoning Ordinance does not have standards for healthy foods, but according to information provided by In-N-Out Planning Board Meeting Page 8 of 13

9 Burger, the restaurant uses fresh, 100% pure beef without additives, fillers or preservatives. Hamburger buns are made fresh. Lettuce, onions, tomatoes, and potatoes are cut fresh on-site and not frozen. Milk shakes are made with real ice cream. The restaurant does not use microwave ovens, heat lamps or freezers. These standards reflect a commitment to healthy foods that exceeds many Alameda sit down restaurants. Community Benefits: At the June meeting, several speakers questioned the potential benefits of the project to the Alameda community. From staff s perspective, the project provides three basic public benefits: 1) commercial services and products for Alameda residents, 2) improvements at a key gateway into the City of Alameda, and 3) sales taxes to help fund city services demanded by Alameda residents including police, fire, and park services and facilities. Sales Tax: The gas station and the restaurant are anticipated to generate significant sales tax for the City. The gas station is anticipated to generate over $200,000 in annual sales taxes. Because the availability of gas services on-island is not sufficient to meet the demand of Alameda residents, gas is a product for which the City experiences sales tax leakage. Leakage means Alameda residents are currently purchasing gasoline offisland and their sales taxes are benefitting neighboring cities. For this reason, staff does not expect the increase in sales tax from this site to impact gasoline sales/sales taxes being generated by other Alameda gas stations. In addition to the gasoline sales, the restaurant is expected to generate $35,000 and $40,000 per year in sales tax for the City. With approximately $250,000 in anticipated annual sales tax, this project will generate 40%-50% of the sales tax anticipated from the Target Store at Alameda Landing. Jobs: In-N-Out will hire between 50 and 75 employees to work at the Alameda restaurant. Starting salaries will exceed minimum wage. In-N-Out boasts one of the lowest employee turnover rates in the industry. Competitive benefits are offered to both part-time and full-time employees including wellness benefits, and paid holidays and vacations. (Source - company website). Child Abuse Foundation: Supported primarily through donor contributions and internal fundraising activities sponsored by In-N-Out Burger, In-N-Out Burger pays all costs associated with the Foundation to support abused and neglected children. In 2010, the Foundation contributed $1,545,250 to 231 grantees in four states. (Source: Wikipedia/company website). Gas Prices: In addition, a quick survey of gasoline prices by staff indicates that gas prices are higher on Webster Street than on Park Street. Safeway Gas on Otis has some of the lowest gas prices on Park Street. Staff expects gas prices on Webster Street will become more competitive once the Safeway Gas at the Gateway site is introduced for West Alameda residents. Planning Board Meeting Page 9 of 13

10 Use Permits: The applicant s proposal requires a number of use permits. Each of the requested use permits is listed below with staff s analysis and recommendation. In-N-Out Burger and Chase Bank Drive-Through Lane Use Permits Drivethrough lanes require use permits in the CC District. Given the auto-oriented nature of the property and its isolation from pedestrian-oriented land uses and residential land uses, staff is in support of the requested use permits for the drive-through lanes for both Chase Bank and In-N-Out Burger. Fuel Station and Convenience Market Use Permit Fuel stations require a use permit in the CC Zoning District. As described above, staff believes that the site is appropriate for this use. The location of the site at the primary automobile entrance to the western part of the City, and the isolation of the site, ensure that the use will not impact adjacent residential uses nor disrupt a pedestrian-oriented environment. It should also be noted that the Safeway Gas Station is a precondition for Safeway s decision to locate the grocery store at Alameda Landing. Convenience markets also require use permit approval. Safeway Gas is proposing a very small convenience market or kiosk. The entire building is about 950 square feet in size. Small convenience markets are regularly associated with new gas stations and are commonly associated with gas stations in Alameda. Given the site location and small size of the kiosk, staff does not believe that the market will negatively impact adjacent uses or properties. There will be no alcohol sold at the kiosk. Planning Board Meeting Page 10 of 13

11 Extended Hours Use Permit Safeway Gas would like to be open 24 hours. The Safeway Gas Station on Otis Drive was granted 24-hours operation. The Otis Drive gas station is directly across the street from residential development, but the 24-hour operations have not resulted in problems for the area. Given the Stargell site location and the lack of nearby residential uses, staff does not believe the 24-hour operations will be a problem at this location. Other gas stations on Webster Street also stay open late. Chevron and Conoco Phillips are open 24 hours a day. In-N-Out Burger is requesting extended hours to Sunday through Thursday until 12:30 am and Friday and Saturday until 1:30 am. Given the nature of the business and its isolated location without any adjacent sensitive residential land uses, staff does not believe the extended hours will impact adjacent properties. A survey of other restaurants in the area and in Alameda reveals that extended hours for restaurants are not unusual. For example, all restaurants at the South Shore Shopping Center have approval to stay open until midnight. A number of restaurants on Park Street have requested, and received, approval to stay open until midnight or 2:00 am. Spice I Am recently received approval to stay open until 2:00 am in response to customer demand. The Taco Bell on Webster Street closes its drive-through at 3:00 am on weekdays, and 4:00 am on Friday and Saturday. The Jack in the Box is open until midnight, and the drive-through is open 24 hours a day. Carls Jr. dining room and drive-through are open until midnight Sunday-Thursday and until 1:00 am on Fridays and Saturdays. Architectural Design: The attached drawings (Exhibit 2) include architectural plans for the Safeway fuel center, but not the In-N-Out Burger or the Chase Bank buildings. Based upon the comments received at the June 24, 2012 meeting, both Chase Bank and In-N-Out Burger are redesigning their buildings. Neither company had completed its drawings in time for distribution with this report. In- N-Out Burger was delayed because they are developing a unique design for Alameda, which must first undergo internal company approval before being submitted for City review. Safeway has proposed a simple, clean design for the kiosk and canopy for the gas station. At 18 feet in height, the canopy will be visible above the landscape perimeter of the site, but the simple design will not detract from the overall appearance of the site. Staff has included a condition related to the canopy design, which is intended to further improve this feature. Specifically, staff would like to continue to work with Safeway to develop additional design improvements to lighten the appearance of the canopy. Improvements might include design changes to reduce the thickness of the canopy, color and material changes to reduce the apparent size of the canopy, and lighting design. In addition to the Planning Board Meeting Page 11 of 13

12 further refinements to the canopy design, staff would like to work with Safeway on the design of the rear (south elevation) of the kiosk. The rear elevation faces Stargell Avenue and the College of Alameda. This elevation must be closely coordinated with the landscape plan to ensure that the project presents a pleasant face to the public. Because the In-N-Out Burger and Chase Bank elevations are not complete yet, a condition of approval requires Planning Board review and approval of the plans once they are submitted prior to issuance of building permits for the project. However the new designs will be presented to the Planning Board on July 22, 2013 to receive feed-back by the Planning Board. ENVIRONMENTAL REVIEW The proposed project is categorically exempt pursuant to CEQA guidelines In-fill Development Projects: the project is consistent with the General Plan and zoning designation, is within the city limits on a site less than five acres in size, the site does not provide habitat for endangered, rare or threatened species, the site is adequately served by required utilities and public services, and approval of the project would not result in any significant effects related to traffic, noise, air quality or water quality. The site circulation and access points were developed in consultation with Fehr and Peers, Transportation Engineers and Planners. It was concluded the project would not result in any significant traffic impacts at nearby intersections. PUBLIC NOTICE AND COMMENTS Property owners and residents within 300 feet of the project s boundaries were notified of the public hearing and given the opportunity to review and comment on the proposal. As of July , staff has numerous comments in opposition to the proposal for the reasons described above. The online petition described at the beginning of this report had 340 signatures in opposition to the proposal as of Monday July 15, The Governmental Relations/Economic Development Committee of the Alameda Chamber of Commerce has recommended that the Chamber support the project. The Local Government Relations Committee of the Alameda Board of Realtors has also recommended that the Board of Realtors support the project. RECOMMENDATION Hold a public hearing and approve the proposed Resolution conditionally approving the use permits and design review for the Safeway Gas Station and the use permits for In-N-Out Burger and Chase Bank. Planning Board Meeting Page 12 of 13

13 Respectfully Submitted, Andrew Thomas City Planner Exhibits: 1. Draft Resolution 2. Submittal Package including Site Plan and Landscape Plan 3. Online Petition 4. Traffic Study prepared by Fehr and Peers Planning Board Meeting Page 13 of 13