REPORT TO THE ZONING ADMINISTRATOR
Title
File #: 2017-7447
Location: 905 E. El Camino Real Road (APN: 213-46-014)
Applicant / Owner: Ahluwalia Enterprise Inc (applicant) /Wolfe El Camino Investments (property owner)
Proposed Project:
SPECIAL DEVELOPMENT PERMIT to allow beer and wine sales at an existing gas station and car wash facility.
Reason for Permit: A Special Development Permit is required for retail sale of beer and wine at a gas service station.
Project Planner: Cindy Hom, (408) 730-7411, chom@sunnyvale.ca.gov
Issues: Proximity to sensitive receptors
Recommendation: Approve with conditions
Report
BACKGROUND
|
|
Existing/Approved |
Proposed |
|
General Plan Designation |
|
Same |
|
Zoning |
C-2/ECR (Neighborhood Business/Precise Plan for the El Camino Real) |
Same |
|
Combining District |
ECR (Precise Plan for El Camino Real) |
Same |
|
Lot Size |
27,709 sq. ft. |
Same |
|
Lot Coverage |
17% |
Same |
|
FAR |
16% |
Same |
|
Building Square footage |
2,840 sq. ft. |
Same |
|
Parking |
7 |
Same |
|
Total % of Landscaping |
20% |
Same |
|
Previous Planning Projects related to Subject Application: |
Yes |
|
Neighborhood Preservation Complaint |
No |
|
Deviations from Standard Zoning Requirements |
No |
Permit History
In September 1971, the Planning Commission granted site and architectural approval for a 3,277-square foot gas service station and car wash facility. In September 2005, the Planning Commission approved a Use Permit (File # 2005-0724) to allow for 1,429 square addition and remodel to an existing gas service station and car wash facility. Subsequent permits include various sign permits for tenant signage and a Miscellaneous Plan Permit (File # 2007-1328) to permit grocery sales.
Site Layout and Access
The subject site is located at the southeast corner of the intersection at E. El Camino Real and S. Wolfe Road. The project is bounded by E. El Camino Real to the south, S. Wolfe Road to the west, multi-tenant commercial building to the north, and a RV park to the west. Surrounding land uses consist of mainly commercial buildings and uses on south, west and north and residential uses to the east. The project site is served by a two-way driveway on E. El Camino Real and a second full access driveway on S. Wolfe Road that provides vehicle access onto the site. The site is also served by multiple VTA bus stops located on El Camino Real and S. Wolfe Road. Pedestrian access is provided by public sidewalks on each of the street frontages.
The site is developed with the following improvements:
• 2,840-square foot single story building that currently provides space for a 1,785-square foot convenience store and 1,055 square car wash facility.
• 1,911-square foot fuel canopy with eight fuel pumps
• Landscaping throughout the site
PROJECT DESCRIPTION
Proposed Use
The applicant proposes retail sale of beer and wine in conjunction with an existing convenience store and gas service station with car wash. The existing convenience store currently operates from 7:00 AM to 9:00 PM Sunday to Thursday and 7:00 AM to 10:00 PM on Friday and Saturday.
Floor Plan
The floor plan consists of a point of sale area, shelving for convenience goods and sundry items, coolers for beverages and perishable items, restroom facility, and areas for office and storage space.
ABC Licensing
The sale of alcohol in the State of California is regulated by the Alcoholic Beverage Control Act (California Business and Profession Code Sections 23000-25762). The State of California Department of Alcoholic Beverage Control (ABC) regulates the type of spirits sold and ages allowed into an establishment. ABC may impose other restrictions based on the requested license and site history. There are numerous types of licenses issued by ABC. The applicant is requesting to a Type 20 license (Off-sale beer and wine) which authorizes the sale of beer and wine for consumption off
the premises where sold. Minors are allowed on the premises.
ABC is generally required to deny an application for a license if its issuance would result in or add to an ‘undue concentration’ of licenses in a particular area, unless a finding of ‘public convenience or necessity’ can be made. An ‘undue concentration’ is defined as an area where:
(a) The project site is in a crime reporting district that has a 20% greater number of reported crimes than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the Sunnyvale Police Department.
(b) The ratio of on-sale (on site consumption) retail licenses to population in the census tract or census division in which the project site is located exceeds the ratio of on-sale retail licenses to population in Santa Clara County (for on-sale retail licenses).
(c) The ratio of off-sale (off site consumption) retail licenses to population in the census tract or census division in which the project site is located exceeds the ratio of off-sale retail licenses to population in Santa Clara County (for off-sale retail licenses).
According to ABC, the project site does not fall within in an area of undue concentration, given that the relevant area is only authorized to host Five (5) on-sale permits and two (2) off-sale permit. Currently, there are two (2) on-sale permits and one (1) off-sale permits in the area. Below are current establishments within the Census Tract 5085.05:
|
Store |
Address |
License type |
|
Chelokababi Restaurant |
1236 S. Wolfe Rd. |
Type 41 (beer and wine) |
|
Liquor & Food Mart |
1228 S. Wolfe Rd. |
Type 21 (all types of liquor) |
|
Gold Rush Eatery |
1010 S. Wolfe Rd. |
Type 41 (beer and wine) |
Apart from the ABC licensing process, the City’s Municipal Code requires that full alcohol sales in the C-1/ECR zoning district obtain a Special Development Permit. In order to issue a Special Development Permit, the project must meet required findings which are provided in the Findings section of the staff report. Generally, staff notes that the proposed hours of operations would not cause disruption or the quiet and peaceful enjoyment of the neighborhood and the project located in an area where these types of uses would be encouraged.
Department of Public Safety Review
Staff consulted with the Sunnyvale Department of Public Safety (DPS) regarding this proposal. DPS is neutral to the issuance of the Special Development Permit, as the project is not located within a high crime rate area. DPS recommends as a condition of approval that requires the Permittee to implement a silent or audible alarm system to increase security at this location and utilize digital security cameras with instant viewing capabilities that cover the store entrance and exit, parking lot areas and store interior (Recommended Condition No. GC-10).
To ensure negative impacts do not result, Sunnyvale Municipal Code section 19.98.020 requires that off-site sales of beer and wine at an automobile service station must comply with the following requirements which are also included as conditions of approval (Recommended Condition No. AT-7 to AT-9)
• No beer or wine shall be displayed within five feet of the cash register or front door unless it is in a permanently-fixed cooler;
• No advertisement of alcoholic beverages shall be displayed at motor fuel islands; and
• Employees on duty between the hours of 8:00 p.m. and closing who sell beer or wine shall be at least twenty-one years old.
Staff also recommends the following conditions to further minimize possible negative impacts associated with the impact of the sale of beer and wine sales (Recommended Condition of Approval No. AT-10 through 13):
• The Permittee shall ensure all employees receive "Responsible Alcoholic Beverage Service" training as offered through programs established by the Alcoholic Beverage Control of the State of California. Evidence of such training and the training records of all employees shall be maintained on-site during business hours, and made available for inspection upon request.
• The sale of single servings of beer or wine is prohibited. For the purpose of this condition of approval, a single serving shall be defined as “less than 24 fluid ounces of beer or wine.”
• The display of alcoholic beverages shall be limited to be no more than 40% of the total floor area.
• The Permittee shall install “No loitering” signs to discourage customers from loitering and drinking of alcohol on the property.
• The Permittee shall be responsible in pick up litter and abate graffiti twice each day.
Neighborhood Impacts / Compatibility
Staff does not anticipate any negative impact with the neighboring uses in that it will not generate more traffic in the area or create an unsafe site circulation condition. With implementation of the conditions of approval, the sale of alcohol will not be detrimental or injurious to property, improvements, public health, safety and general welfare.
Environmental Determination
A Categorical Exemption Class 1, Section 15301 (Existing Facilities) and Class 3, Section 15303 (New Construction or Conversion of Small Structures) relieves this project from CEQA provisions.
Public Contact
64 notices were sent to surrounding property owners and residents adjacent to the subject site in addition to standard noticing practices, including advertisement in the Sunnyvale Sun Newspaper and on-site posting. No letters or calls were received from the public by staff.
FINDINGS
In order to approve the Special Development Permit the following findings must be made:
1. Attain the objectives and purposes of the general plan, specific plan, precise plan, or other specialized plan of the city of Sunnyvale. Finding Met
The proposed addition of beer and wine sales allows for an existing convenience store to retail additional goods that can cater to the needs and convenience of the patrons. The proposed use is not anticipated to have a negative impact on surrounding properties or uses and consistent with the following General Plan Goals and Policies:
Goal I: Supportive Economic Development Environment - Facilitate an economic development environment that supports a wide variety of businesses and promotes a strong economy within existing environmental, social, fiscal, and land use constraints.
• POLICY 82: Attract and retain a diversity of commercial enterprises and industrial uses to sustain and bolster the local economy and provide a range of job opportunities.
• Action 1: Promote a variety of commercial, retail, and industrial uses, including neighborhood shopping, general business, office, clean technology, and industrial/research and development.
For Automobile Service Stations: Off-site sales of beer and wine may be allowed provided three findings can be made:
a) The service station may not be located within 500 feet of another use with off-site alcohol sales;
b) The service station may not result in a concentration of more than four businesses with offsite sales of alcohol within a 1000-foot radius; and
c) The service station may not be located within 500 feet of a public park or public school.
The project does not meet provisions (a) in that it is within 500 feet from another liquor outlet located at 1236 S. Wolfe Road that is located within the adjacent commercial center to the north. If any of the above three findings in Finding #1 are not met, the permit can only be granted if three additional findings are also met:
a) The project will not adversely affect persons residing or working in surrounding areas;
b) The project will not adversely affect surrounding property values; and
c) The project will not be detrimental to public health, safety, and welfare.
Based on staff’s review of the project, the required findings can be met to allow for the beer and wine sales based on the following:
• The project will not likely result in an adverse impact on persons residing or working in the surrounding area or the peaceful and quiet enjoyment of property and improvements. The closest residential building is approximately 153 feet to the north and 20 feet to the east. The project site is currently buffered by another commercial property and 6-foot tall perimeter walls. Although the primary use is still a gas station and car wash facility, the convenience store is ancillary and provides convenience items to its patrons as well as the neighboring residents.
• The project will not negatively affect property values. As conditioned, the site will be required to abate graffiti and litter on a daily basis to ensure an orderly and pleasant development.
• The project will be required to implement measures as noted above to minimize potential impacts and to ensure public health, safety and general welfare are appropriately maintained.
The project is also located within the Eastern Node of the Precise Plan for El Camino Real. The proposed addition of beer and wine sales to an existing gas and car wash station with convenience store is consistent with the following Precise Plan policies:
• Policy No. 3.2.1 - to provide a variety of needed retail services for residents, particularly those types of retail services which are not normally found in the Downtown or in neighborhood shopping areas.
• Policy No. 3.2.2. - to maintain and enhance the retail sales tax revenue generated for the City.
• Policy 3.4.1 (Goals and Policies for the Eastern Node) - Encourage a mixture of regional and community serving retail uses in accordance with the vision.
The project is consistent with the Precise Plan in terms of land use and that it provides goods and services along the El Camino Real.
2. The proposed use ensures that the general appearance of proposed structures, or the uses to be made of the property to which the application refers, will not impair the orderly development of, or the existing uses being made of, adjacent properties. Finding Met.
As conditioned, measures would be taken to protect against sale of beer and wine to, or theft of beer and wine by, persons under the age of 21. The site will maintain security measures that include adequate lighting, clear visibility into and out of the store, security cameras to discourage loitering, on-site consumption of alcoholic beverages, and other unpermitted activities. The proposed use will provide additional services and goods to the community by reducing the automotive uses on the site and providing retail sales of goods through the replacement of an existing auto repair facility within the service station with a convenience store. The project also includes site enhancements such as additional roofing for trash enclosure, reduced curb cut and increased landscaping area.
ALTERNATIVES
1. Approve the Special Development Permit with recommended Conditions in Attachment 2.
2. Approve the Special Development Permit with modifications.
3. Deny the Special Development Permit.
RECOMMENDATION
Recommendation
Alternative 1. Approve the Special Development Permit with recommended Conditions in Attachment 2.
Staff
Prepared by: Cindy Hom, Associate Planner
Approved by: Ryan Kuchenig, Senior Planner
ATTACHMENTS
1. Vicinity and Noticing Map
2. Standard Requirements and Recommended Conditions of Approval
3. Site and Architectural Plans