PREPARED BY: SANDRA CASTANEDA DATE OF MEETING: 06/25/24
SUBJECT:
TITLE
RESOLUTION APPROVING MAJOR DESIGN REVIEW AND A CONDITIONAL USE PERMIT TO ALLOW A NEW 2,619 SQUARE FOOT FAST SERVICE RESTAURANT FOR POLLO CAMPERO WITH DRIVE THROUGH FACILITY TO BE LOCATED IN THE SP-2, SAN PABLO AVENUE SPECIFIC PLAN, REGIONAL COMMERCIAL DISTRICT WITH ENTERTAINMENT OVERLAY DISTRICT, ALONG WITH A FINDING THAT THE PROJECT IS EXEMPT UNDER CEQA GUIDELINES SECTION 15332 AS INFILL DEVELOPMENT, AT 13222 SAN PABLO AVENUE, SAN PABLO, APN: 417-211-007
CEQA: This project is categorically exempt under the California Environmental Quality Act Guidelines Section 15332, In-Fill Development Projects, as it involves development on a site that is five acres or less, is surrounded by urban uses, has no habitat value, is adequately served by all required utilities and public services, would not result in any significant effects on traffic, noise or air quality, and would be consistent with general plan and zoning regulations. Furthermore, the project is consistent with the General Plan and zoning designations of Regional Commercial with Entertainment Overlay District, development of which were evaluated as part of the Environmental Impact Reports for the San Pablo General Plan and San Pablo Avenue Specific Plan, prepared in 2011. Pursuant to CEQA Guidelines Section 15168, none of the CEQA Guidelines Section 15162 factors requiring additional environmental documentation for the project are present.
Label
Location: 13222 San Pablo Avenue
APN: 417-211-007
PLAN No: PLAN2403-0009
Zoning: SP-2, Regional Commercial with Entertainment Overlay district
CEQA: Exempt under Section 15301, Class 1
Owner: Save Mart Supermarkets LLC
Applicant: Pollo Campero
Agent for Applicant: Gabriela Marks, Marks Associates
Staff Contact: Sandra Castaneda Marquez, Associate Planner
Recommendation
Conduct public hearing; adopt Resolution
Body
REQUESTED ACTION
A request for approval of Major Design Review and a Conditional Use Permit for a new 2,619 square feet Pollo Campero restaurant with drive through facility. The proposed new building would be located within an existing developed commercial center located at 13222 San Pablo Avenue, APN 417-211-007. The parcel is designated Regional Commercial in the San Pablo General Plan and it is zoned SP-2, San Pablo Avenue Specific Plan, Regional Commercial with Entertainment Overlay District.
Surrounding Zoning and Land Uses:
The subject parcel is located in the South San Pablo Avenue focus area of the San Pablo Avenue Specific Plan. Surrounding zoning and land uses from the site are as follows:
North: SP2-San Pablo Avenue Specific Plan - Regional Commercial/ Entertainment Overlay District (Nations, Popeyes)
South: SP2-San Pablo Avenue Specific Plan - Commercial Mixed Use (Diaz Plaza); Barber College; Single-family residences
East: SP2-San Pablo Avenue Specific Plan/General Plan - Commercial Mixed Use (Gas Station, Low Density Residential)
West: SP2-San Pablo Avenue Specific Plan - Regional Commercial/ Entertainment Overlay District (San Pablo Casino)
PUBLIC HEARING NOTICE
Notices regarding this public hearing were mailed to owners of properties within a 300-foot radius of the site on June 12, 2024. In addition, a Public Hearing Notice was published in the West County Times newspaper (West Contra Costa edition of the East Bay Times) on Saturday, June 15, 2024.
SITE LOCATION AND PROJECT DESCRIPTION
The project site is located in the southern portion of San Pablo at the northeast corner of San Pablo Avenue and San Pablo Dam Road in a heavily commercial area. The new building will be located at the northwest corner of an existing shopping center site that is currently occupied by Planet Fitness, FoodMaxx grocery store, and one vacant store on the south end of the strip. The strip center building is set back from San Pablo Avenue and runs parallel to Contra Costa Avenue to the east. The project site where the Pollo Campero restaurant is proposed is located in a part of the shopping center parking lot that is rarely occupied. In 2022, the Planning Commission also approved a commercial development on the southwest corner of the shopping center for a WSS show store. This development has not yet started construction.
The site falls within the boundaries of the San Pablo Avenue Specific Plan, a document designed to guide development along the corridor surrounding the San Pablo Avenue arterial. The Plan designates the land use for this site as Regional Commercial with an Entertainment District Overlay.
The proposed project would consist of a new stand-alone commercial building containing 2,619 square feet of floor space. The building would have one story and a maximum height of 25 feet. The proposed development also includes a drive-through facility, which requires a conditional use permit approval as required by Table 2-2 Land Use Standards by Classification, footnote 6, on pages 2-16 and 2-17 of the San Pablo Avenue Specific Plan. The City Council recently introduced an ordinance to allow for drive-through facilities with a conditional use permit where they had not previously been allowed. The ordinance will become final following a second reading by the City Council and a 30-day waiting period. The approval of the conditional use permit for the drive-through portion of the project will thus be conditioned on formal adoption and effectiveness of this ordinance.
The new building would be located within a larger proposed leased area in the northwestern portion of the larger shopping center property at 13220/13222 San Pablo Avenue. This area is shown on the submitted site plan to include the proposed building plus the dedicated parking area and drive through facility immediately to the north and east behind the proposed building. The property ownership would remain the same and no subdivision map would be necessary for the leasehold.
Along with the application form, the applicant has submitted a detailed plan set including site plan, floor plans, renderings, elevations, stormwater control plan, landscape and irrigation plan, and a Traffic Impact Analysis. (see Attachments D and E)
BACKGROUND
The overall site where the Pollo Campero restaurant is proposed has been privately owned by Save Mart Supermarkets LLC, since 2002. It was previously owned by Carpenter Pension Trust Fund. The shopping center site is composed of two parcels - 13222 and 13220 San Pablo Avenue (APN 417-211-007 and 417-211-012, respectively). The parcel on the north side of the shopping center, where the Pollo Campero restaurant is proposed, is addressed as 13222 San Pablo Avenue. This parcel currently contains the Planet Fitness building, and a section of the parking lot at the corner of San Pablo Dam Road and San Pablo Avenue. The parcel on the south side of the shopping center is 13220 San Pablo Avenue. This parcel contains the FoodMaxx and a vacant space (formerly Fallas Paredes), as well as the access road that runs behind the length of the building, parallel to Contra Costa Avenue, from San Pablo Dam Road to Kirk Lane.
Two of the existing single-story commercial buildings were originally built in 1973 under Use Permit No. 896 and later expanded in 1997 under Use Permit No. 1657 to build the third commercial space that is currently vacant. Additional permits on record include new signs and refacing of existing signs for previous and existing tenants.
On November 22, 2022, by Resolution PC22-08, the Planning Commission approved Major Design Review and a Variance to increase the maximum allowable wall sign area from 150 square feet to 457 square feet for a new 10,000 square foot commercial building (WSS shoes) to be located in the southwestern portion of the shopping center at the intersection of San Pablo Avenue and Kirk Lane. This use has not yet started construction.
On May 28, 2024 by Resolution PC24-08, the Planning Commission recommended approval of an amendment to the San Pablo Avenue Specific Plan Chapter 2: Land Use, Table 2.2, Land Use Standards by Classification, footnote 6, regarding regulations for Drive Through Facilities for Fast Service, Full Service, and General Restaurants in the Residential Mixed Use, Mixed Use Center North, Mixed Use Center South, Commercial Mixed Use, Neighborhood Commercial, and Regional Commercial Districts and for Coffee Shops in the Residential Mixed Use and Mixed Use Center North and South Districts, which would allow drive-through facilities with a conditional use permit. According to the proposed amendment, driveway entrances to drive-through facilities may not be located directly on San Pablo Avenue and prominent pedestrian access must also be provided. A public hearing will be held by the San Pablo City Council to consider an Ordinance to make this change at the July 17, 2024 meeting, with the second reading to occur at the City Council meeting on July 1, 2024. If adopted, the Ordinance amending the San Pablo Avenue Specific Plan will be effective on July 31, 2024.
GENERAL PLAN CONFORMANCE
The General Plan designation for the site is Regional Commercial. This designation is intended for large-scale commercial development that serves local and regional needs. The proposed project of a fast service restaurant with drive through facility is a use that would be harmonious with the designation of the General Plan. The following General Plan Guiding (G) and Implementing (I) policies apply to this request:
Guiding Policies for Economic Development
ED-G-2 Recruit community-serving retail, neighborhood serving commercial, healthcare, and entertainment businesses and activities that meet the needs of residents
ED-G-5 Preserve and enhance qualities that make San Pablo an ideal place to do business
ED-G-10 Support and contribute to a clean, attractive, and safe environment for residents, business owners, employees, and choppers.
Implementing Policies:
ED-I-3 Attract new businesses, focusing on businesses that:
• Possess a high growth potential, such as medical-related businesses, regional and local serving retail. Hotel and conference facilities, entertainment-related businesses, and businesses or schools that provide educational and training to the local workforce;
• Generate net fiscal benefits to the City through increased tax revenues;
• Provide opportunities for skilled training;
• Created higher-paying and/or higher quality jobs for local residents;
• Complement or augment existing goods and services in San Pablo;
• Create minimal negative impact on the environment; and
• Require minimal public investment.
ED-I-25 Strive for a balanced mix of local, regional, and national retailers that offer a diversity of product and pricing choices for residents.
Guiding Policy for Land Use & Physical Design
LU-G-2 Ensure planned land uses are compatible with existing uses and provide for appropriate transitions or buffers for new uses, as needed.
LU-G-3 Preserve and strengthen the City’s overall image and create a safe, walkable and attractive urban environment for the current and future generations of residents.
Implementing Policies:
LU-I-25 Identify and promote desirable sites for employment-generating commercial, industrial, and other business wishing to locate in San Pablo.
LU-I-9 Encourage new residential, commercial and related forms of development in a manner which fosters both day and appropriate night time activity; visual presence on the street level; appropriate lighting; and minimally obstructed view areas.
LU-I-10 Continue to involve the Police Department in the development review process to ensure new buildings are designed with security and safety in mind.
The proposed project would be responsive to these policies by developing a new commercial development that will serve the region and provide employment opportunities. Pollo Campero is an international chain that has tremendous popularity and will offer one more food option for San Pablo residents and the immediate region. The project would fit well into its surroundings and would provide infill of a currently unused portion of a surface parking lot. The project would add to the urban vitality of this portion of San Pablo Avenue by providing for a pedestrian-oriented commercial frontage that is accessible to pedestrians and transit, as well as to motorists. The project would be appropriately landscaped and would help to modernize and improve this important intersection. The proposed project will foster appropriate day time activities, providing an outdoor patio for outdoor dining, more fast service food options to City residents and a visual presence on the street level. It would provide appropriate lighting, and will not obstruct view areas or access to the existing retail uses.
SAN PABLO AVENUE SPECIFIC PLAN CONFORMANCE
The site falls within the San Pablo Avenue Specific Plan area, which was adopted in September of 2011 to provide a vision, goals, and implementation measures for creating a vibrant, accessible, and sustainable mixed-use corridor. The plan aims to revitalize areas along San Pablo Avenue with higher-intensity development to promote stronger economic activity, street life, and transit ridership, among other goals. On a broader scale, Bay Area Metro (Association of Bay Area Governments (ABAG) and the Metropolitan Transportation Commission (MTC) is also focusing on San Pablo Avenue as one of three regional corridors to implement their Plan Bay Area Sustainable Communities Strategy (see <https://www.planbayarea.org/> ). The corridor is designated as a Priority Development Area.
The subject site is within an opportunity site and focus area identified as the “South San Pablo Avenue” area in the San Pablo Avenue Specific Plan. Opportunity sites are defined in the Plan as vacant or underutilized parcels that have the potential to undergo a land use or intensity change over a near- to long-term horizon. The Focus Areas of the Specific Plan have the greatest opportunities for development and illustrate what buildout opportunities might look like, in terms of their scale and character. The land use (and zoning) designation for the site is shown as Regional Commercial with the Entertainment Overlay District designation. As identified in the San Pablo Avenue Specific Plan, this designation allows for a range of commercial uses with an emphasis on regional-serving uses. The Specific Plan describes the South San Pablo Avenue opportunity site as follows:
This 18.5-acre area offers a cluster of several small opportunity sites and two large ones (the existing Big Lots/Food Maxx regional shopping center, and Dias Plaza). Located just south of San Pablo Dam Road and the I-80 ramps, and just north of the city’s border with Richmond, this intersection is a highly visible and well-trafficked gateway to the city.
The following guiding (G) and implementing (I) policies of the San Pablo Avenue Specific Plan are relevant to the proposed project:
Guiding Policy for Land Use:
2-G-1 Promote development of San Pablo Avenue as an attractive boulevard, lined with a diverse array of uses that promote vibrant street life, and maintain eyes on the street at all times.
2-G-3 Promote pedestrian- and transit-friendly development that enhances the public realm.
Guiding Policy for Urban Design and Building Development Standards:
4-G-7 Allow continued operation of the establishments at the Big Lots/Food Maxx site. Promote intensification of existing uses.
4-G-13 Encourage a building-to-street relationship that establishes a pedestrian- oriented environment along San Pablo Avenue and within all mixed-use developments.
4-I-25 Locate commercial uses at the street edge along San Pablo Dam Road and San Pablo Avenue. Corners should be emphasized through height and/or distinct architectural features.
4-I-46 Maintain a consistent street frontage along the length of San Pablo Avenue, with development brought to the property line and parking located at the side or rear of parcels.
4-I-50 For buildings with street frontage on San Pablo Avenue, ensure that the primary entrance is on San Pablo Avenue, visible from the right-of-way, and at-grade or accessible by ramps. Secondary entrances may be located on side streets or may be internal to master-planned developments on large parcels.
The proposed project would be consistent with the guiding goals and implementing policies of the San Pablo Avenue Specific Plan. The development would be well integrated into the established pedestrian-oriented context by placing the restaurant building on the street edge of San Pablo Avenue, thereby promoting a more vibrant street life and connectivity between commercial spaces and the public realm. The project would also provide an outdoor dining option and placing the drive through facility behind the building and not directly onto San Pablo Avenue. The main entrance to the proposed building will face San Pablo Avenue and will be in keeping with the Development Standards included within the San Pablo Avenue Specific Plan. The project would be of a more pedestrian-friendly scale and would be in closer proximity to the street fronts of both San Pablo Avenue and San Pablo Dam Road than elsewhere along the corridors. The project is also in close proximity to AC Transit stops on San Pablo Avenue at the corner of Tulare Avenue and just south of San Pablo Dam Road.
ZONING CODE CONFORMANCE
The property is in the SP-2 Regional Commercial District with Entertainment Overlay District (San Pablo Avenue Specific Plan) and the General Plan land use designation is Regional Commercial. The Regional Commercial District is described as follows:
Regional Commercial. This designation is intended for large-scale commercial development that serves local and regional needs. Located near the intersection of San Pablo Avenue and San Pablo Dam Road, it is easily accessible by freeways and regional roadways. It is intended to include a range of goods and services such as retail, eating and drinking establishments, hotels and motels. Residential uses are not permitted. The maximum height is 30 feet, and the maximum permitted FAR is 0.75.
Development standards in the Regional Commercial area are set forth in Table 4-1 of the San Pablo Avenue Specific Plan. A breakdown of the relevant standards is provided in the table below:
|
DEVELOPMENT STANDARDS FOR SP-2 REGIONAL COMMERCIAL DISTRICT |
|
Standards |
SP/Zoning Code Requires |
Proposed |
Complies? |
|
Block Length |
400 feet |
NA1 (no new block being created) |
NA1 |
|
Max Lot Coverage |
90% |
NA1 (no new lot being created) |
NA1 |
|
Front Setback |
0-5 feet min |
17 feet+ |
Yes |
|
Side Yard Setback |
0 feet, 10 min feet when abutting residential |
35 feet+ |
Yes |
|
Rear Setback |
0 feet, 10 min feet when abutting residential |
660feet+ |
Yes |
|
Maximum building height (feet) |
30 feet |
25 feet |
Yes |
|
Max Stories |
Two |
One |
Yes |
1 Project is infill on an existing development site and is not creating a new lot or block.
As identified above, the proposed project would be in conformance with the applicable development standards for the SP2 - Regional Commercial district as an infill project. The proposal is a new stand-alone commercial building on an existing developed site. The new building will be located in the northwest corner of a surface parking lot of an existing development, which includes three other commercial spaces. The new development will be placed within an area to be leased by the tenant from the owner on the existing parcel without creating a new parcel. There would be no new block or lot created with this infill development proposal, so that the development regulations regarding block length and lot coverage are not applicable in this instance.
Parking Compliance:
The proposed new building would be 2,619 square feet and will include access to 31 parking spaces within the project lease area on the existing site (see Site Plan). These spaces would have reciprocal use across the larger shopping center site for access and parking. The existing businesses contained within the strip center on the subject property will also continue to have sufficient parking to accommodate their needs.
Table 3-3 of the San Pablo Specific Plan provides off-street parking standards that are relevant to the site. Under this table, the proposed use would be considered “Restaurant- Fast Service, General Regional” and would require one space for every 100 square feet of public area, with reference to the Municipal Code (Zoning Ordinance) for further details. Table 17.54-A Nonresidential Parking Requirements, of the Zoning Code includes the number of parking spaces required for each use classification. The use classification “Restaurants, Fast Service” requires one space per 50 square feet of public area. The San Pablo Avenue Specific Plan’s parking requirements are applicable and would require 26 parking spaces. The project’s proposed 31 parking spaces would thus exceed the minimum amount required under “Restaurants- Fast Service”.
The overall strip center has excess parking under both existing and proposed conditions. With more than 500 parking spaces on the larger shopping center property and 109,712 square feet of existing commercial area, the shopping center provides more parking spaces than are currently required or demanded by the existing uses. The existing commercial businesses will continue to have sufficient parking remaining outside of the lease area for the project. Reciprocal use agreements will continue to govern these spaces under the terms of the Lease. This will allow visitors to the shopping center property to park in any portion of the parking lot, allowing for efficient parking and for multi-stop visits.
In addition to the designated parking area, the project would provide bicycle parking and would be adjacent to or in close proximity to transit stops. Under Section 17.54.050, proximity to transit can reduce parking requirements by 10 percent and provision of bicycle parking can reduce parking requirements by one space. However, more than enough parking will be provided by the proposed project so that these parking adjustments are not necessary for this project.
Fast-Service Restaurants:
Section 17.62.160 of the San Pablo Zoning Code includes special provisions for fast-service restaurants and drive-through facilities for these restaurants. The Development/Design Standards contained in Section 17.62.160.C. include the following, along with a description of compliance in italics.
1. Location. Uses with drive-through facilities shall be three hundred feet away from any intersection and from another drive-through facility on the same side of the street, except within a shopping center or master plan.
The proposed drive-through would be within a shopping center and would not be on the same side of a street of another nearby fast-service restaurant.
2. Separation from Residential Areas. Fast-food restaurant facilities shall be a minimum of one thousand feet away from residential district boundaries. This distance may be decreased with a use permit as specified in subsection D of this section, Healthy Food Options.
The proposed drive-through would be just over 500 feet from the Residential area along the east side of Contra Costa Avenue behind the FoodMaxx shopping center. According to Section 17.62.160.D., Section D. Healthy Food Options, a use permit may be issued to eliminate the one-thousand-foot separation requirement between fast-service restaurants, schools, and residential districts if it can be demonstrated by the applicant that healthy food options will be available. A minimum of twenty percent of the menu options shall consist of healthy food choices as defined in the zoning amendment. The Pollo Campero menu includes numerous healthy food options, including grilled chicken, salad, pinto beans, plantains, and coleslaw.
3. Separation from Schools. Fast-food restaurant facilities shall be a minimum of one thousand feet away from any school. This distance may be decreased with a use permit as specified below under subsection D of this section, Healthy Food Options.
Silesian College Preparatory school is the closest school and is about 2,000 feet to the west of the site, thereby meeting this distance requirement.
4. Site Area. Uses with drive-through facilities shall have a minimum one-acre net land area. This minimum land area may be modified when the drive-through facility is within a master plan or an integrated shopping center through the design review process.
The site area is within a shopping center which more than meets the net land area requirement.
5. Floor Area. The minimum floor area for drive-through facilities shall be one thousand square feet. The minimum floor area for a drive-through facility other than a fast-food restaurant may be modified through the design review process.
The proposed floor area is 2,619 square feet which is more than the minimum requirement.
6. Site Coverage. The maximum lot coverage shall be forty percent of the net lot area. The minimum on-site landscaping, which includes articulated plazas, courtyards, and patios, shall be fifteen percent of the net lot area exclusive of public right-of-way.
The proposed landscape area for the development would exceed 15% of the lot area to be leased for the project.
7. Parking and Aisles. Parking and the drive-through lane shall be set back forty-five feet from the ultimate curb face. Greater setbacks may be required as mentioned in an applicable specific plan or as deemed necessary during the design review process.
The proposed drive-through lane would be more than 45 feet from the curb face. There are two parking spaces that are within 45 feet of the curb face along San Pablo Avenue and nine spaces that are within 45 feet of the curb face along Sand Pablo Dam Road, but these parking spaces are already in existence as part of the FoodMaxx shopping center parking lot and are necessary to meet the project’s parking requirements.
8. Site Planning/Building Orientation. Future drive-through facilities in a master plan or shopping center shall be identified early in the review process to avoid retrofitting the uses at a later date. The site design shall minimize pedestrian/vehicle conflicts and avoid locating driveways and service areas which interfere with the flow of on-site circulation. Building placement shall be done in a manner to create new pedestrian spaces and plaza areas. Buildings shall orient the public entrances toward the street. Building layout shall be oriented to screen the drive-through lane. Drive-through lanes shall be screened through building orientation and the use of a combination of low-screen walls, heavy landscaping, and trelliswork.
The placement and design of the proposed drive-through would meet these criteria. The drive-through would be tucked behind the restaurant building and would be well separated from pedestrian circulation. The project would include pedestrian access and walkways oriented towards the front of the building. The project would include extensive landscaping which will help to screen the drive-through.
9. Stacking Distance/Parking. The drive-through lane shall be of a sufficient length to accommodate the necessary stacking of cars. The stacking distance shall be determined through a parking study as provided in Chapter 17.54 <https://www.codepublishing.com/CA/SanPablo/>, Parking and Loading. Each drive-through lane shall be separate from the circulation route necessary for ingress and egress from the property or access to any parking spaces within the site. These requirements do not apply to the reuse of existing properties.
The stacking distance has been reviewed by the Public Works Department and the project engineer to ensure that there is sufficient length and separation and that its placement does not interfere with the parking circulation pattern for the overall shopping center.
10 Parking. The parking requirements for drive-through facilities shall be determined according to Chapter 17.54 <https://www.codepublishing.com/CA/SanPablo/>, Parking and Loading. The gross floor area for outdoor seating shall be subject to the same parking requirement.
The project would provide sufficient parking as described above.
11. Pedestrian Orientation. The site plan shall create opportunities for courtyards and plazas and other landscape open space to promote safe and convenient pedestrian movement with continuous landscape pathways between buildings. The design shall discourage a need for pedestrians to have to cross a drive-through lane wherever possible.
The project would include landscaped areas, outdoor seating, and safe/coherent pedestrian circulation. Safety provisions and detectable warning would be included at a protected pedestrian ramp for accessible travel across the drive-through
12. Architecture. Drive-through facilities within an integrated shopping center or master plan must have an architectural style consistent with the theme established in the center. Architecture must provide compatibility with surrounding uses in form, materials, colors, scale, etc. Building planes shall have variation in depth and angle to create variety and interest in the basic form and silhouette of the building. Articulation of building surface shall be encouraged through the use of openings and recesses which create texture and shadow patterns. Building entrances shall be well articulated and project a formal entrance through variation of architectural plane, pavement surface, treatment, and landscape plaza.
The proposed design would be compatible with the overall design of the FoodMaxx shopping center. The building would be well articulated and would use a variety of colors and materials. There would be a prominent front entry. Additional discussion of project design is provided under Major Design Review section below.
13. Signs. Drive-through facilities in an integrated shopping center or master plan must comply with the uniform sign program as established in the center.
The FoodMaxx shopping center does not have a uniform sign program. The applicant would obtain their own sign permit in compliance with the City’s sign regulations.
14. Performance Standards. Special performance standards for fast-food restaurants with drive-through facilities: The use shall be operated in a manner that does not interfere with the normal use of adjoining properties. If in the opinion of the zoning administrator the provisions of this subsection are being violated, the violations shall be grounds for reopening conditional use permit hearings and adding conditions to control the violation. Performance standards include, but are not limited to, the following considerations, which, where appropriate, shall be incorporated as conditions of approval in all use permits as determined by the planning commission or city council:
a. Noise levels measured at the property line shall not exceed the level of background noise normally found in the area.
b. The premises shall be kept clean, and the operator shall make all reasonable efforts to see that no trash or litter originating from the use is deposited on adjacent properties. For drive-through restaurants or other uses which typically generate trash or litter, adequate trash containers, as determined by the zoning administrator, shall be required and employees shall be required daily to pick up trash or litter originating from the site and within three hundred feet of the perimeter of the property.
c. All graffiti shall be removed within seventy-two hours.
d. No undesirable odors shall be generated on the site.
e. The on-site manager of the use shall take whatever steps are deemed necessary to assure the orderly conduct of employees, patrons, and visitors on the premises.
f. A copy of these performance standards and all conditional use permit conditions of approval shall be posted alongside the necessary business licenses and be visible at all times to employees.
These items will be included as Conditions of Approval for the project.
MAJOR DESIGN REVIEW
The applicant proposes to construct a new 2,619 square-foot fast-service restaurant building at 13222 San Pablo Avenue. The new pad building will be located as a street-fronting out-lot within an existing parking lot area of a strip-style shopping center. Section 17.20.030(C) of the San Pablo Zoning Ordinance states that the Planning Commission shall ensure that the proposed development meet the following requirements:
1. Design Guidelines. The proposal is consistent with applicable design guidelines.
2. Community Plans. The proposal is consistent with any community design plan or specific plan.
3. General Plan. The proposal is consistent with the land use, physical design, and economic development element and the open space element of the general plan.
4. Location and Design. The location and design of proposed development gives particular consideration to privacy, views, and sunlight on adjoining properties and fosters the orderly and harmonious development and preservation of the public health and welfare of the city and its neighborhoods.
5. Design and Colors. The architectural design of structures and their colors and materials are visually harmonious with surrounding development, landforms, and vegetation.
The project’s overall compliance with the San Pablo General Plan, San Pablo Avenue Specific Plan, and Zoning Ordinance are addressed above. Several of the policies within these plans are aimed at fostering the orderly and harmonious development and preservation of the public health and welfare of the City and its neighborhoods. The project would fit well within the San Pablo Avenue Specific Plan by offering an additional restaurant optional with regional appeal and offering a variety of dining options, including sit-down, drive-through, and outdoor seating. The project would also serve to intensify an existing commercial development consistent with the Specific Plan vision, bringing development closer to the street front at a pedestrian scale. The architectural design of the structure, the colors, and proposed materials to be used would be visually harmonious with the surrounding development patterns.
As depicted in the elevations submitted as part of the Design Review application included in Attachment D, the proposed building would be single story and contemporary style with distinctive features and building articulation using large display areas and a mix of materials, including stucco, aluminum awning, and cast stone cap. The proposed colors for the exterior of the building include tans, browns, orange, green, and yellow with the distinctive Pollo Campero logo and chicken icon. The main entry would be on the north and west elevations and the drive-through window would be on the south elevation. The building would be surrounded with perimeter landscaping and landscaping accents around the outdoor seating area at the corner of the property. Street trees will be pear and shade trees will include box and olive. Here would be variety of shrubs and groundcovers, including privet, bamboo, bottle brush, mock orange, hawthorn, rosemary, agave, lavender, sedge, rush, flax, and fescue. The floor plan for the project shows up to 15 tables inside and six outdoor tables, along with ordering counter, kitchen, restrooms, cooler/freezer, mechanical/electrical, office, dishwashing, and storage.
The San Pablo Avenue Specific Plan does not require any particular architectural style, but does identify a variety of architectural design guidelines that are being applied to the project. Below is a discussion of the guidelines that are most pertinent to this development:
Building Height, Massing, and Articulation- At 25 feet in height, the proposed building complies with the maximum building height of 30 feet. The proposed building is a single story and up to two stories are allowed. The proposed pad building offers a prominent front entrance and outdoor seating in a building corner facing San Pablo Avenue and San Pablo Dam Road as well as articulation in the building walls facing public streets.
Building Orientation, Entries, and Façades- The building orientation locates the building entrances closest to the corner of San Pablo Dam Road and San Pablo Avenue. The proposed building utilizes a variety of exterior materials that enhance the building façade and physical character of the building and its connectivity to the street and pedestrian access.
Parking- The proposed 2,619 square foot development will incorporate 31 parking spaces within the lease area, which would more than meet the requirement of the San Pablo Zoning Ordinance for a minimum of 25 spaces. The existing three commercial buildings in the strip center on the property will continue to have sufficient parking to accommodate the existing businesses. This parking would be located behind the proposed building.
Landscaping- A landscaping plan was provided as part of the development application. The landscaping plan provides additional trees and bushes along the perimeter of the building and its parking area with accented landscaping at the corner of San Pablo Avenue and San Pablo Dam Road.
CONDITIONAL USE PERMIT
The San Pablo Avenue Specific Plan, as proposed for amendment, requires a conditional use permit approval for drive through facilities. Table 2-2 Land Use Standards by Classification, footnote 6, on pages 2-16 and 2-17 of the San Pablo Avenue Specific Plan has recently been proposed for amendment to allow for drive-through facilities with a conditional use permit where this had not previously been allowed. This amendment would allow fast service, full service and general service restaurants in the Residential Mixed Use, Mixed Use Center North and South, Commercial Mixed Use, Neighborhood Commercial, and Regional Commercial zones of the San Pablo Specific Plan area. The proposed amendment would also require that new drive-through facility entrances not be located directly on San Pablo Avenue and that prominent pedestrian access to the restaurant must also be provided, which help to would promote an attractive and active commercial corridor. In the case of Pollo Campero, the request is to allow a new fast service restaurant in the Regional Commercial district with drive-through service. The approval for this portion of the project will be subject to the completed passage of this amendment. City Council approved the first reading of the Ordinance on June 17th and is scheduled to consider the second reading on July 1st. If approved, the Ordinance would take effect 30 days later or on July 31, 2024.
In approving the Conditional Use Permit to allow the new fast service restaurant with drive-through service, Zoning Ordinance Section 17.20.040 requires the Planning Commission to make a finding that the establishment, maintenance, or operation of the use applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.
Findings to support the granting of a Conditional Use Permit in this case include the following:
A. The establishment, maintenance or operation of the drive-through service use will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the city because the use would be tucked behind the proposed restaurant building and would therefore be unobtrusive, will not generate significant neighborhood impacts, and would not result in a significant visible change from the current use of the site as a parking lot.
B. The proposed fast service restaurant with drive-through service would be well integrated into the established pedestrian-oriented context by placing the restaurant building on the street edge of San Pablo Avenue, thereby promoting a more vibrant street life and connectivity between commercial spaces and the public realm and also, by providing an outdoor dining option and placing the drive through facility behind the building and not directly onto San Pablo Avenue.
C. The proposed fast service restaurant with drive-through service use would be responsive to General Plan policies calling for the creation of safe, walkable areas with a diversity of community-serving land uses.
D. The proposed fast service restaurant with drive-through service use would be compliant with Zoning Ordinance development regulations pertaining to such uses, including those contained in Section 17.62.160.
E. The proposed project has been determined to be categorically exempt from the provisions of the California Environmental Quality Act (CEQA), in accordance with CEQA Guidelines, pursuant to Section 15332, In-Fill Development Projects.
F. Public notice of hearing has been given by mail to the applicant, local affected agencies and to all property owners within 300 feet of the subject property and has been published in the West County Times (West Contra Costa edition of the East Bay Times) in accordance with the requirements of Government Code Section 65905.
ENVIRONMENTAL DETERMINATION
The proposed project has been determined to be categorically exempt from the provisions of the California Environmental Quality Act (CEQA), in accordance with CEQA Guidelines, pursuant to Section 15332, In-Fill Development Projects, as it involves development on a site that is five acres or less, is surrounded by urban uses, has no habitat value, is adequately served by all required utilities and public services, would not result in any significant effects on traffic, noise or air quality, and would be consistent with general plan and zoning regulations. Pursuant to CEQA Guidelines Section 15332, staff recommends that the Planning Commission find as follows: (a) the project is consistent with the applicable general plan, specific plan, and zoning designations, policies, and regulations; (b) the project occurs within City limits on a site that is less than five acres which is substantially surrounded by urban uses; (c) the project is located on a site that has no value as habitat for endangered, rare, or threatened species; (d) approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality (see attached traffic study); and (e) the site can be adequately served by all required utilities and public services.
Furthermore, the project is consistent with the General Plan and zoning designations of Regional Commercial with Entertainment Overlay District, development of which were evaluated as part of the Environmental Impact Reports for the San Pablo General Plan and San Pablo Avenue Specific Plan, prepared in 2011. Pursuant to CEQA Guidelines Section 15168, none of the CEQA Guidelines Section 15162 factors requiring additional environmental documentation for the project are present.
Finally, the applicant has submitted a Focused Transportation Analysis for the Pollo Campero Development prepared by Trames Solutions Inc. determined that the project would not have an impact on the Level of Service of the San Pablo Avenue/San Pablo Dam Road intersection and would not result in unacceptable increases in delay at this location. The study further noted that the project would have a less-than-significant Vehicles Mile Travelled (VMT) impact.
CONCLUSION
Staff recommends that the Planning Commission determine the proposed project to be categorically exempt from the provisions of CEQA and approve the Major Design Review and Conditional Use Permit for a new 2,619 square-foot Pollo Campero restaurant with drive through facility, along with the conditions of approval identified in the attached proposed Resolution (Attachment A).
ATTACHMENTS
A. Resolution PC 24-11
B. Site Location
C. Project Application
D. Planning Submittal: Site Plan, Details, Floor Plans, Elevations, Landscape Plan
E. Traffic Impact Analysis
F. Proof of Publication from West County Times