PREPARED BY: SANDRA CASTANEDA DATE OF MEETING: 04/23/24
SUBJECT:
TITLE
CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW A MINOR AUTOMOTIVE REPAIR USE (FOR A SMOG CHECK SERVICE) ALONG WITH AN OFFICE USE AND OFF-STREET PARKING REDUCTION AT AN EXISTING COMMERCIAL BUILDING LOCATED IN THE COMMERCIAL MIXED USE (CMU) DISTRICT AT 1440 23RD STREET (APN: 527-021-010).
CEQA: This project is categorically exempt under the California Environmental Quality Act Guidelines Section 15301, Existing Facilities, Class 1. This Class applies to existing private structures, such as the existing commercial building where the new businesses wish to be located.
Label
Location: 1440 23rd Street, southeast corner of 23rd Street and Pine Avenue
APN: 527-021-010
PLAN No: PLAN2403-0001
Zoning: Commercial Mixed Use
CEQA: Exempt under Section 15301. Existing Facilities.
Owner: Erhan Sariyar
Applicant: Cihan Sariyar
Staff Contact: Sandra Castaneda, Associate Planner
Recommendation
Conduct public hearing; adopt Resolution
Body
REQUESTED ACTION
A request for approval of a Conditional Use Permit to allow a new Minor Automotive Repair Use (for a Smog Check service) and a small professional Office Use in an existing commercial building located at 1440 23rd Street (APN: 527-021-010). The request also includes off-street parking reductions to accommodate the new businesses at an already developed site. The Parcel is designated Commercial Mixed Use in the San Pablo General Plan and it is zoned CMU, Commercial Mixed Use.
Surrounding Zoning and Land Uses:
The project site is currently occupied by a vacant building that was formerly in use as a service station with a repair bay. There is also an existing previously approved mobile vending use on site located on the North side facing Pine Avenue and an existing two-story duplex on the southern portion of the site. Surrounding Zoning and Land Uses are as follows:
North: SP-1 - 23rd Street Specific Plan, Commercial Mixed-Use, Restaurant
South: CMU - Commercial Mixed-Use; Duplex
East: CMU/City of Richmond- Commercial Mixed-Use and City of Richmond; Single Family Residential.
West: CMU - Commercial Mixed-Use; Mixed- Use Building with housing and commercial space.
ENVIRONMENTAL DETERMINATION
CEQA: This project is categorically exempt under California Environmental Quality Act Guidelines Section 15301, Existing Facilities, Class 1. This Class applies to projects within existing private structures, such as the existing commercial building where the new businesses wish to be located.
PUBLIC HEARING NOTICE
Notices regarding this public hearing were mailed to owners of properties within a 300-foot radius of the site on April 10, 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, April 13, 2024.
BACKGROUND
The existing site is 7,500 square feet in area and currently contains a vacant 1,067 square foot commercial building constructed in 1960, which has historically been used as an automotive service station, duplex located in the southern portion of the property (addressed at 1436 23rd Street), and a mobile vending use on the north side adjacent to Pine Avenue.
Following its long-time use as a service station with a repair bay, the most recent use of the commercial building was for an Xfinity service business called Bay Network Solutions which operated out of a portion of the building from 2014 to 2021. The building has been vacant since that time. The mobile vending use in the northeast portion of the site was approved in 2018 under Resolution 18-14, and three different mobile vending truck businesses have been continuously operating at this location An Italian food mobile vending truck “La Mia Famiglia” has been operating on the site since October 2023.
In 2019, the San Francisco Bay Regional Water Quality Control Board (WQCB) closed out an active groundwater cleanup case on this site, which was a result of the location of three extraction wells and remediation compound equipment from the original service station. Thus, the groundwater contamination case was cleared and all equipment was removed.
SITE LOCATION AND PROJECT DESCRIPTION
The subject parcel is located at 1440 23rd Street and contains the existing commercial building where the Minor Automotive Use and Office Use propose to be located, a two-story duplex, and a mobile vending truck. The south portion of the property where the duplex is located is not part of this application and is not shown on the proposed site plan (Attachment B), as no changes are being proposed for this use. The site is currently not striped but a parking plan is proposed as part of this application. The site is surrounded by a mix of commercial and residential uses, including mixed-use, restaurants, other automotive uses, duplexes, and single-family homes.
The proposed Minor Automotive Repair Use would consist of a Smog Check testing business (which requires a Conditional Use Permit per San Pablo Municipal Code Section 17.34.030), and the Office use would be a Real Estate/Insurance office (which is allowed by right in the Commercial Mixed Use zone). The property contains a driveway along the 23rd Street frontage, which would serve as the primary entryway for the Smog Check testing business and would lead to the repair bay. The Pine Avenue side yard contains a continuous driveway along the entire property side and this driveway will also be utilized as circulation for on-site parking and access for the mobile vending truck. The site plan included in Attachment B includes a parking and circulation plan. The property’s frontage along 23rd Street is currently fenced with a line of chain-link fencing. A condition of approval for this application requires removal of the chain-link fence along the commercial side of the property. This will make the property more visually appealing and welcoming to attract more customers.
The proposed tenant improvements would also include a Real Estate/Insurance Office in a portion of the building, as a secondary use, since not all of the floor space would be needed for the smog check business.
The applicant has submitted a Business Plan detailing the operating hours and the number of employees proposed for the site for each new use. The proposed business operating hours are as follows:
Smog Testing:
Monday - Friday 9:00 AM - 5:30 PM
Saturday - 9:00 AM - 2:00 PM
Sunday - closed
Number or employees: 1
Real Estate/Insurance Office:
Monday - Friday 10:00 AM - 5:00 PM
Saturday - 10:00 AM - 2:00 PM
Sunday - closed
Number or employees: 1
In addition to the new proposed businesses, the site also currently hosts a mobile vending use that operates seven days a week from 8:00 am to 8:00 pm. All three uses were considered in the parking analysis under the Zoning Compliance Section.
GENERAL PLAN CONFORMANCE
The site is designated on the General Plan as Commercial Mixed Use. The proposed use is consistent with the following policies:
Guiding Policy
LU-G-6 Promote site sensitive design and pedestrian-oriented activities in mixed-use developments.
Implementing Policies
LU-I-20 Allow small-scale non-residential uses in neighborhoods that contribute to the residential character of an area or provide complementary services within the neighborhood, such as childcare, neighborhood retail, and other stores.
LU-I-28 Allow a mix of tenants and an array of site amenities in mixed use projects that will attract customers from both local neighborhoods and region-wide communities in the Regional Commercial District and the Entertainment District.
ZONING CONFORMANCE
The existing building at 1440 23re Street was constructed in 1960 and, other than striping, reconfiguration of the parking area and access improvements, no exterior changes are proposed as part of the application. Therefore, there would be no change in terms of the conformance of the project to building development regulations.
According to Zoning Ordinance Section 17.54.030 and Nonresidential off-street parking requirements Table 17.54-A, the Minor Automotive Repair use requires four (4) spaces per workstation plus one (1) space per employee. The Smog Check Testing business contains one workstation and will therefore require a total of five (5) parking spaces. In addition, Table 17/54-A states that the Office use requires one (1) space per 200 square feet of office space. The proposed Real Estate/Insurance office will be 163 square feet, which would require one (1) parking space. The two new proposed businesses require a combined total of six (6) parking spaces. In addition, as mentioned above, there is an existing mobile vending truck on site, which takes up one (1) of the existing off-street parking spaces. Below is a table that depicts the number of spaces required:
7
|
|
Parking Analysis |
|
|
Use |
Required parking |
# of parking |
|
Minor Auto Repair |
4 spaces per work station + 1 per employee |
5 |
|
Office |
1 space per 200 SF (office space 163 SF) |
1 |
|
Mobile Vending |
1 space for the mobile vending truck |
1 |
|
Total |
|
7 |
Parking Reductions
The total required parking spaces to accommodate the new proposed uses on site is seven (7). The proposed site plan (Attachment B) can accommodate five (5) spaces while still providing adequate on-site circulation and an ADA accessible parking space.
Zoning Ordinance Section 17.54.050 Parking waivers and reductions states that the Zoning Administrator may waive or reduce certain parking requirements. As part of this submittal, the applicant is requesting two (2) parking reductions:
1- Proximity to Transit. For buildings located within one-quarter mile of a transit stop, the number of parking spaces may be reduced by ten percent. This waiver would allow a one (1) space reduction for this proposal
2- If a bicycle rack is provided, one (1) parking space may be waived.
The requested parking reductions would allow for a total of five (5) off-street parking spaces instead of the seven (7) that would otherwise be required in the Zoning Ordinance. The applicant will provide a bicycle rack, which would grant one (1) space reduction, and there is a bus stop directly in front of the property on 23rd street, which would allow for a reduction by one (1) additional space. Typically, parking reductions would be granted by the zoning administrator under Section 17.54.050, but per Zoning Code Section 17.16.070 B, all project approvals are considered by the highest approval authority for the project. Since Planning Commission approval is required for the Conditional Use Permit, the Planning Commission is also considering the parking reduction. The proposed parking plan includes a total of five (5) parking spaces, one of which is ADA accessible. The subject site is in a busy location with good pedestrian and transit access and none of the proposed uses would result in a high volume of vehicle or off-street parking need. In addition, there is on-street parking available in the general vicinity. Therefore, City staff recommend granting of the requested parking reductions.
CONDITIONAL USE PERMIT
San Pablo Zoning Ordinance Section 17.34.030 requires a Conditional Use Permit for Minor Automotive Repair uses in the Commercial Mixed Use zone. Through this process, the Planning Commission is given an opportunity to review uses with this classification, impose conditions of approval, approve or deny such proposals, and set terms for revocation of uses. In approving the Conditional Use Permit to allow the new Minor Auto Repair use, 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 Minor Automotive Repair 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 is unobtrusive, will not generate significant neighborhood impacts, and is of lesser intensity than the prior use on the site.
B. The proposed Minor Automotive Repair use would serve to re-occupy a commercial building that has been vacant since 2021 and would offer a convenient smog check as well as professional office services, in addition to continuation of the existing mobile vending use. These uses would add to the vitality of the area by providing accessible services to residents of the neighborhood.
C. The proposed Minor Automotive Repair use would improve the site by removing excess fencing, adding handicapped parking, and improving the parking circulation pattern.
D. The proposed Minor Automotive Repair use would be responsive to General Plan policies calling for the creation of safe, walkable areas with a diversity of community-serving land uses.
E. The proposed Minor Automotive Repair use would be compliant with Zoning Ordinance development regulations pertaining to such uses with approval of the parking reduction.
F. 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 15301, Existing Facilities.
G. 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.
CONCLUSION
Staff recommends approval of the project, including the Conditional Use Permit for the Minor Automotive Repair and the parking requirement reductions, subject to the conditions of approval identified in the attached proposed Resolution (Attachment A). Any changes to the approvals must first be submitted to the City of San Pablo for review.
ATTACHMENTS
A. Resolution PC24-07
B. Plan Set
C. Business Plan
D. Application & Property Owner Authorization
E. Proof of Publication from West County Times