CITY COUNCIL
HOUSING AUTHORITY AND
SUCCESSOR AGENCY TO THE EL CAJON
REDEVELOPMENT AGENCY
Council Chamber
200 Civic Center Way
El Cajon, CA 92020
Agenda
DECEMBER 12, 2023, 7:00 p.m.
Bill Wells, Mayor Graham Mitchell, City Manager
Steve Goble, Deputy Mayor Vince DiMaggio, Assistant City Manager Gary Kendrick, Councilmember Morgan Foley, City Attorney Michelle Metschel, Councilmember Angela Cortez, City Clerk Phil Ortiz, Councilmember
CALL TO ORDER: Mayor Bill Wells
ROLL CALL: City Clerk Angela Cortez
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
AGENDA CHANGES:
PUBLIC COMMENT:
At this time, any person may address a matter within the jurisdiction of the City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency that is not on the Agenda. Comments relating to items on today’s docket are to be taken at the time the item is heard. State law prohibits discussion or action on items not on the Agenda; however, Council, Authority and Agency Members may briefly respond to statements or questions. An item may be placed on a future Agenda.
1be Valley of Opportunity
-~ ~ ~-
C'o ~ '\-C\
"'Porate~
PUBLIC HEARINGS:
100. Plaza de Las Palmas Shopping Center Specific Plan Update
RECOMMENDATION:
That the City Council:
Opens the Public Hearing and receives testimony;1.
Closes the Public Hearing;2.
Moves to adopt the next Resolution, in order, approving the California Environmental Quality Act Exemption; and
3. Moves to adopt the next Resolution, in order, approving an Amendment to Specific Plan No. 32.
4. ADJOURNMENT: The Adjourned Regular Joint Meeting of the El Cajon City Council/El Cajon Housing Authority/Successor Agency to the El Cajon Redevelopment Agency held this 12th day of December 2023, is adjourned to Tuesday, January 9, 2024, at 3:00 p.m.
City Council
Agenda Report
Agenda Item 100.
DATE: 12/12/2023
TO: Honorable Mayor and City Councilmembers
FROM: Noah Alvey, Deputy Director of Community Development SUBJECT: Plaza de Las Palmas Shopping Center Specific Plan Update RECOMMENDATION:
That the City Council:
Opens the Public Hearing and receives testimony;1.
Closes the Public Hearing;2.
Moves to adopt the next Resolution, in order, approving the California Environmental Quality Act Exemption; and
3. Moves to adopt the next Resolution, in order, approving an Amendment to Specific Plan No. 32.
4. PROJECT DESCRIPTION:
The City received a request to amend Specific Plan (SP) No. 32 in order to allow neighborhood serving warehousing, distribution, and wholesale activities at the Plaza de Las Palmas Shopping Center (shopping center). Currently, SP No. 32 regulates interconnecting access, shared amenities, and allows uses in accordance with the underlying Neighborhood Commercial (C-N) zoning. The requested amendment to SP No. 32 proposes to allow general retail stores greater than 20,000 square feet in floor areas to conduct warehousing, distribution, and wholesale activities while not compromising the character of the neighborhood serving shopping center and ensuring compatibility with nearby residential uses.
BACKGROUND:
General Plan: Neighborhood Commercial (NC)
Specific Plan: Specific Plan No. 32
Zone: Neighborhood Commercial (C-N)
Applicant: Vince Kattoula, [email protected]
SP No. 32 was first adopted in 1958. The shopping center is approximately 13 acres in size and developed with two large commercial spaces exceeding 20,000 sq. ft. in floor area which act as anchor stores for the shopping center. Numerous small retail and restaurant uses occupy the remainder of the shopping center along the interior property lines and there are three freestanding buildings near the adjacent streets, East Chase and Avocado Avenues. The overall retail commercial spaces include approximately 120,000 sq. ft. of retail space. However, the specific plan has approved an additional 10,000 sq. ft. of retail space, which has not been .!!!!_ Valley of Opportunity
constructed. Over 600 parking stalls are provided at the shopping center and the parking areas are primarily located between the anchor stores and the adjacent streets, while loading areas are located along the southerly and easterly property lines.
Surrounding Context
Properties surrounding the subject site are developed and zoned as follows:
Direction Zones Land Uses
North C-N Miscellaneous retail uses, CVS Pharmacy
South O-S-H Signle-family homes
East RS-9 Single-family homes
West RS-6 & C-N Single-family homes, 7-Eleven retail store General Plan
The shopping center has a General Plan designation of “Neighborhood Commercial.” The Neighborhood Commercial designation is intended for small shopping centers found in close proximity to residential areas, which provide for the daily or frequent shopping needs of those nearby residents. Objective 9-4.3 further states that “commercial establishments shall be carefully integrated with the surrounding area. Conflicts with residential or other sensitive land uses should be minimized.” The adjacent streets, East Chase and Avocado Avenues, are designated as primary thoroughfares, which are designed to act as a link between the freeway and subordinate streets.
Specific Plan
Chapter 17.70 of the El Cajon Municipal Code ("ECMC") includes requirements for specific plans. Specifically, section 17.70.010 indicates that, “a specific plan is a plan for a particular portion of the city where circumstances require a more detailed plan of development than the general plan, and/or more detailed standards than the general provisions of the Zoning Code.” Furthermore, section 17.70.050 indicates that specific plans may include, “regulations of the use of land and buildings…”, as well as, “such other matters which will accomplish the purposes of this chapter, including procedures for the administration of such regulations.” Zoning Code
Currently, warehousing, distribution, and wholesale activities as primary uses within the City are limited to the Manufacturing (M) zone and Heavy Commercial (C-M) zone. These areas are concentrated near Interstate 8 and north of Fletcher Parkway near Gillespie Field in the westerly and northerly portions of the City and therefore not available near the subject site. Warehousing, distribution, and wholesale activities are permitted in commercial zones as accessory uses, but are limited to 15 percent of the total receipts and not more than 15 percent of the floor area available. The current request would allow warehousing, distribution, and wholesale activities at the shopping center within tenant spaces greater than 20,000 sq. ft. to exceed the 15 percent threshold.
Tobacco and Alcohol
The Municipal Code limits retail tobacco sales display areas to sixteen cubic feet of shelf space within a retail commercial store, otherwise the retail commercial store is considered a “smoke shop” and required to obtain a conditional use permit and be located at least 1,000 feet from other smoke shops, 500 feet from residentially zoned property, and 600 feet from certain specific land uses (religious facilities, courthouse, playgrounds, schools, etc.). Similarly, retail alcohol sales display areas are allowed in general retail stores, grocery stores, or retail I
I
I
II
I
pharmacies which are at least 10,000 square feet of gross floor space and have a maximum of 10 percent of the gross floor area devoted to the sales and display of alcoholic beverages, otherwise the retail commercial store is considered an “alcoholic beverage sales establishment” and is required to obtain a conditional use permit and be located 1,000 feet from other alcoholic beverage sales establishments, 600 feet from residentially zoned property, and 600 feet from certain specific land uses (religious facilities, courthouse, playgrounds, schools, etc.).
The specific plan proposes to allow wholesale tobacco and alcohol sales with neighborhood serving warehousing, distribution, and wholesale activities. However, wholesale tobacco and alcohol sales would not be accessible to the general public and not be visible within publicly accessible areas. Furthermore, the specific plan proposes to limit the combined total area devoted to wholesale tobacco and alcohol sales to no more than 25 percent of the floor area of the use. Retail sales of tobacco and alcohol will continue to be permitted in accordance with adopted Zoning Code regulations.
DISCUSSION
Online retail activities and home delivery businesses such as Amazon, Door Dash, Instacart, and Uber Eats are fundamentally transforming the retail landscape by increasing demand for warehousing and localized distribution systems. Cities are seeing this at the regional level as Amazon builds new localized warehousing and delivery systems, but also at the local level inside of retail commercial businesses such as Target and WalMart where space is being allocated to store merchandise purchased online that is then delivered to customers waiting in the parking lot. Grocery stores like Vons are also changing as they deliver merchandise to customers in their parking lot as well as offering delivery directly to the customer’s home.
The shopping center fronts on two primary thoroughfares, East Chase and Avocado Avenues, which are intended to carry traffic across and around the City and serve as a link between freeways and subordinate streets. These site characteristics make the shopping center well suited to serve as a location for wholesale, warehousing, and distribution to the surrounding community.
Utilizing a specific plan, the City has the flexibility to address unique circumstances while still implementing General Plan goals. At the subject site, the General Plan envisions neighborhood serving commercial uses that are well integrated with nearby sensitive uses and residences. In this instance, the specific plan amendment seeks to find a balance for the increased demand for localized warehousing, distribution, and wholesale activities in a portion of the City where these uses are not currently allowed. The proposed specific plan amendment (see attached Exhibit A) will codify development standards and architectural guidelines to ensure compatibility with adjacent residential uses. Any new delivery docks or loading areas will not be allowed to face the adjacent residences on Burnaby St. nor be visible from the adjacent streets. The architectural guidelines also require the retention of the existing colonnades at the shopping center and that commercial storefronts maintain a minimum 20 percent window coverage to maintain a neighborhood commercial atmosphere.
Existing zoning regulations generally allow for warehousing, distribution, and wholesale activities to occur at retail stores as an accessory use, but limit the activities to 15 percent of the receipts and 15 percent of the floor area available for the use. The proposed change to the specific plan would limit neighborhood serving warehousing, distribution, and wholesale activities to stores greater than 20,000 sq. ft. in floor area, and remove the 15 percent limitations. Currently, only two spaces within the shopping center would quality, which are the Vons store and the former Rite Aid store. The applicant for this request does intend to utilize the Vons store and the former Rite Aid store. The applicant for this request does intend to utilize the former Rite Aid store for warehousing, distribution, and wholesale activities. The use has been characterized by the applicant as being similar to Costco or Sam’s Club, with the business open to the public, while continuing to offer products by retail and wholesale. The specific plan also addresses wholesale tobacco and alcohol sales by requiring that they are not visible to the general public, thus ensuring that the use maintains the appearance of a retail commercial use and does not present the appearance of a liquor store or smoke shop.
PLANNING COMMISSION RECOMMENDATION:
On November 21, 2023, the Planning Commission held a public hearing to consider the proposed specific plan amendment. Public testimony was made available during the meeting and the applicant spoke in support of the request. After discussing the item, the Planning Commission voted 4-0, with Commissioner Sottile absent, to recommend City Council approval of the proposed specific plan amendment.
FINDINGS:
The following findings must be made to approve a specific plan.
A. The proposed specific plan serves the public interest.
The proposed specific plan amendment serves the public interest as it will provide increased opportunities for localized warehousing, distribution, and wholesale activities in a portion of the city where these type of activities are only allowed as accessory uses to neighborhood commercial stores. The public interest will also be served by allowing for neighborhood scale distribution systems that are responding to increased demand from consumers for home-based delivery and neighborhood serving markets.
B. The proposed specific plan will systematically implement the City’s General Plan.
The proposed specific plan amendment will systematically implement the city’s general plan because it is consistent with General Plan Objective 9-4.3 which states that “commercial establishments shall be carefully integrated with the surrounding area. Conflicts with residential or other sensitive land uses should be minimized.” The proposed specific plan amendment will be compatible with the surrounding area by maintaining a retail commercial atmosphere with windows and covered colonnades in the public realm, by concealing wholesale alcohol and tobacco activities from retail customers, and by prohibiting new delivery docks or loading areas from being oriented towards adjacent residences on Burnaby St. or being visible from the adjacent streets.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
The proposed specific plan amendment is exempt from the California Environmental Quality Act (CEQA) under Section 15301 (Existing Facilities) of CEQA Guidelines. The Specific Plan will continue to allow the operation of existing private structures and facilities involving negligible or no expansion of existing or former use. The Specific Plan will allow additional square footage within the existing retail spaces to be allocated to neighborhood scale warehousing, distribution, and wholesale without compromising the character of the neighborhood shopping center and ensuring compatibility with nearby residential uses.
PUBLIC NOTICE & INPUT:
A notice of public hearing was mailed on November 9, 2023, to all property owners within 300 feet of the project site and to anyone who requested such notice in writing, in compliance with Government Code sections 65090, 65091, and 65092, as applicable. Additionally, as a public service, the notice was posted in the kiosk at City Hall and on the City’s website under "Public Hearings/Public Notices." The notice was also mailed to the two public libraries in the City of El Cajon, located at 201 East Douglas Avenue and 576 Garfield Avenue. Seventy public comments have been received in support of this request. One adjacent resident requested additional information and expressed support for the request.
RECOMMENDATION:
Staff is recommending approval of the amendment of SP No. 32 in order to accommodate increased demand for localized warehousing, distribution, and wholesale activities in a manner that maintains a neighborhood commercial atmosphere that will be compatible with surrounding properties and uses.
Prepared By: Noah Alvey, Deputy Director of Community Development Reviewed By: Anthony Shute, Director of Community Development Approved By: Graham Mitchell, City Manager
Attachments
Resolution - CEQA Exemption
Resolution - Amend SP No. 32
Exhibit A - SP No. 32 Regulatory Document
Application
Disclosure Statement
Public Hearing Notice
RESOLUTION NO. ___-23
A RESOLUTION APPROVING CALIFORNIA ENVIRONMENTAL
QUALITY ACT ("CEQA") EXEMPTION SECTION 15301 (EXISTING
FACILITIES) FOR AN AMENDMENT OF SPECIFIC PLAN NO. 32 FOR
AN INCREASE IN WAREHOUSING, DISTRIBUTION, AND WHOLESALE
ACTIVITIES AT AN EXISTING SHOPPING CENTER AT THE
SOUTHEAST CORNER OF EAST CHASE AND AVOCADO AVENUES
WHEREAS, the El Cajon Planning Commission held a duly advertised public hearing on November 21, 2023, to consider an application to amend Specific Plan No. 32 ("SP No. 32") as submitted by Vince Kattoula, to increase opportunities for warehousing, distribution and wholesale activities in the Neighborhood Commercial (C-N) zone, on the southeast corner of East Chase and Avocado Avenues, APN 493-290-12, -15, -17, -18, -19, -20, -21, -22, -23, & -24 (the "Project"); and
WHEREAS, in accordance with the California Environmental Quality Act ("CEQA") Guidelines section 15061(b)(2), the Planning Commission reviewed and considered the information contained in the Project staff report; and
WHEREAS, CEQA section 15301 provides an exemption for the operation, repair, maintenance, permitting, leasing, lice nsing, or minor alteration of existing private structures, fa cilities, or mechanical equipment , involving negligible or no expansion of existing or former use; and
WHEREAS, warehousing, distribution, and wholesale activities are currently allowed in the Neighborhood Commercial zone as an accessory use and the amendment of SP No. 32 will allow additional square footage within the existing retail spaces to be allocated to neighborhood scale warehousing, distribution, and wholesale without compromising the character of the neighborhood shopping center and ensuring compatibility with nearby residential uses; and
WHEREAS, no evidence was presented in proceedings that any of the conditions exist to provide exceptions to categorical exemptions as d escribed in CEQA Guidelines section 15300.2; and
WHEREAS, section 15301 is an appropriate exemption for the proposed P roject and the record of proceedings contains evidence to support th e determination that the Class 1 Categorical Exemption applies; and
WHEREAS, after considering evidence and facts, the Planning Commission did consider the proposed CEQA exemption as presented at its meeting and recommended City Council approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS:
1. That the foregoing recitals are true and correct, and are findings of fact of the City Council in regard to the proposed exemption to increase opportunities for warehousing, distribution and wholesale activities at existing shopping center.
2. That based upon said findings of fact, the City Council hereby approves the proposed categorical exemption (CEQA Guidelines section 15301) for the amendment of Specific Plan No. 32.
12/12/23 CC Agenda
Reso – Amend SP 32 CEQA – Plaza de Las Palmas Shopping Center 120523
RESOLUTION NO. __-23
A RESOLUTION APPROVING AN AMENDMENT TO
SPECIFIC PLAN NO. 32 TO ALLOW AN INCREASE IN
WAREHOUSING, DISTRIBUTION, AND WHOLESALE ACTIVITIES AT
AN EXISTING SHOPPING CENTER AT THE SOUTHEAST CORNER
OF EAST CHASE AND AVOCADO AVENUES IN THE C -N
(NEIGHBORHOOD COMMERCIAL) ZONE; GENERAL PLAN
DESIGNATION: NEIGHBORHOOD COMMERCIAL (NC)
WHEREAS, the El Cajon Planning Commission duly advertised and held a public hearing on November 21, 2023, to consider an amendment of Specific Plan No. 32 ("Amendment to SP No. 32") as submitted by Vince Kattoula, to increase opportunities for warehousing, distribution and wholesale activities in the Neighborhood Commercial (C-N) zone, on t he southeast corner of East Chase and Avocado Avenues, APN 493- 290-12, -15, -17, -18, -19, -20, -21, -22, -23, & -24 (the "Project"); and
WHEREAS, the El Cajon Planning Commission adopted Resolution No. 11121 determining that the proposed P roject is exempt from the provisions of the California Environmental Quality Act ( "CEQA") according to section 15301 (Existing Facilities) of the CEQA Guidelines; and
WHEREAS, the El Cajon Planning Commission adopted Resolution No. 11122 recommending City Council approval of Amendment to SP No. 32 to accommodate increased demand for localized warehousing, distribution, and wholesale activities in a manner that maintains a neighborhood commercial atmosphere that will be compatible with surrounding properties and uses; and
WHEREAS, the City Council held a duly advertised public hearing on December 12, 2023, to consider Amendment to SP No. 32, and received evidence through public testimony and comment, in the form of verbal and written communications and reports.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS:
1. The City Council finds that the recitals above are true and correct, and are incorporated herein by this reference.
2. The proposed specific plan amendment serves the public interest, as it will provide increased opportunities for localized warehousing, distribution, and wholesale activities in a portion of the City of El Cajon (the "City") where these type of activities are only allowed as accessory uses to neighborhood commercial stores. The public interest will also be served by allowing for neighborhood scale distribution systems that are responding to increased demand from consumers for home based delivery and neighborhood serving markets.
3. The proposed specific plan amendment will systematically implement the City’s general plan because it is consistent with General Plan Objective 9- 4.3, which
states, "commercial establishments shall be carefully integrated with the surrounding area. Conflicts with residential or other sensitive land uses should be minimized. " The proposed specific plan amendment will be compatible with the surrounding area by maintaining a retail commercial atmosphere with windows and covered colonnades in the public realm, by concealing wholesale alcohol and tobacco activities from retail customers, and by prohibiting new delivery docks or loading areas from being oriented towards adjacent residences on Burnaby Street or being visible from the adjacent streets.
4. The City Council hereby approved the amendment of Specific Plan No. 32, in accordance with the attached "Exhibit A." In the event of any conflict between Specific Plan No. 32 and Title 17 of the El Cajon Municipal Code, the provisions of S pecific Plan No. 32 shall prevail.
5. Staff is hereby directed to prepare such amendments to Title 17 as are necessary to eliminate any inconsistencies between Specific Plan No. 32 and Title 17 at the earliest convenience, but not later than at the time the next amendments to Title 17 are prepared for consideration by the Planning Commission and the City Council.
12/12/23 CC Agenda
Reso – Amend SP 32 – Plaza de Las Palmas Shopping Center 120523
Plaza de Las Palmas Shopping Center Specific Plan
Specific Plan (SP) No. 32
SP No. 2023-0002
EXHIBIT "A"
AVOCADO AVE.
E. CHASE AVE.
Section 1. Purpose and Intent.
A specific plan can be adopted to develop the systematic implementation of the City’s general plan for all or part of the area covered by the general plan. (Cal. Govt. Code section 65450). It is the purpose of Specific Plan No. 32 (the "Specific Plan" or " SP 32") to supplement Title 17 of the El Cajon Municipal Code ("Title 17"), but only for the Specific Plan Area as described in Section 3, herein. Under Government Code section 65455, the City’s Zoning Code (i.e., Title 17) cannot be amended within an area covered by the SP 32 unless such amendment is consistent with this Specific Plan. Accordingly, Title 17 should be amended at the earliest convenience as necessary to be consistent with this Specific Plan.
The evolution of online retailing and localized distribution systems through businesses like Amazon, Door Dash, Instacart, and Uber Eats, etc. has changed the character of retail commercial establishments and has increased the demand for warehousing, as well more nuanced distribution systems for retail and wholesale activities in closer proximity to residential areas where customers are demanding shorter and shorter delivery times.
Existing warehousing and distribution uses within the City are limited to the M (Manufacturing) zone and C-M (Heavy Commercial) zone. These areas are concentrated near Interstate 8 and north of Fletcher Parkway near Gillespie Field in the westerly and northerly portions of the City. The goal of this Specific Plan is to allow smaller scale wholesale businesses within the Specific Plan area without compromising the character of the neighborhood serving shopping center and ensuring compatibility with nearby residential uses, while preserving the continued operation of the existing shopping center in accordance with C-N (Neighborhood Commercial) zoning regulations.
The typical impression of wholesale establishments is that of a Costco or Sam’s Club, which technically, are not wholesalers. These establishments primarily sell all of their products directly to retail customers as well as to wholesale customers. It is the intent of this Specific Plan to allow smaller wholesale sales and retail sales to occur within the same establishment. Both retail and wholesale customers are allowed to purchase household goods in the establishment but only wholesale customers are allowed to purchase wholesale alcohol and tobacco products. This arrangement allows establishments within the Specific Plan to maintain a retail ambiance without contributing to any existing issues in regard to the sale of alco hol and tobacco in the vicinity of residential land uses. Wholesale alcohol and tobacco products are required to be separated from the general household goods in a secured area and the sale of wholesale alcohol and tobacco products to non- retailers is prohibited. The Specific Plan will continue to allow retail alcohol and tobacco sales in accordance with Title 17 of the El Cajon Municipal Code.
Section 2. Definitions
For the purposes of this Specific Plan, the following definitions shall apply:
“Neighborhood serving warehousing, distribution, and wholesale” means a trade use that sell goods in large quantities to other businesses, to professionals, and to retail
establishments, but is open to the general public for retail sales. Typically, wholesale uses involve the storage of large quantities of goods in warehouses and may also involve the distribution of goods to retail establishments, professionals, and other end-users.
Section 3. Specific Plan Area.
The Specific Plan includes approximately 12.9 acres (563,406 square feet) of land area located at the southeast corner of Avocado Avenue and E. Chase Avenue. It is comprised of Assessor Parcel Numbers 493- 290-1200, 493- 290-1500, 493 -290-1700, 493 -290- 1800, 493-290-1900, 493-290-2000, 493-290-2100, 493-290-2200, 493-290-2300, and 493-290-2300. Approved development at the site include approximately 131,776 square feet of existing commercial buildings.
The Specific Plan area has been built -out as a shopping area, which is called Plaza de Las Palmas. The Vons grocery store and former Rite Aid Pharmacy anchor the “strip mall” portion of the shopping area, which also includes numerous small retail and restaurant uses. The shopping area also includes three stand-alone buildings.
Section 4. Authority and Scope.
This specific plan is established by the El Cajon City Council in accordance with Chapter
17.70 of the El Cajon Municipal Code ("ECMC"), which establishes specific plans as an authorized mechanism for regulating land use and development in the City; and as enabled by the State of California Government Code Title 7, Division 1, Chapter 3, Article 8, sections 65450 through 65457. The development and design standards, and permitted uses contained within this specific plan supersede the previous land use and development regulations contained within the ECMC for the subject sites. Where the specific plan is silent, the regulations of the ECMC are applicable.
Section 5. California Environmental Quality Act (CEQA).
Adoption of a Specific Plan constitutes a project under CEQA. Pursuant to CEQA, this project is exempt in accordance with CEQA Guidelines section 15301 (Existing Facilities).
The Specific Plan will continue to allow the operation of existing private struc tures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The Specific Plan allows additional square footage within the existing retail spaces to be allocated to neighborhood scale w arehousing, distribution, and wholesale without compromising the character of the neighborhood shopping center and ensuring compatibility with nearby residential uses.
Section 6. Amendments to this Specific Plan.
Specific plan amendments shall be made thr ough the provisions found in the ECMC; specifically, Chapters 17.57, 17.63 and 17.70. The City Council may at any time, after holding a properly noticed public hearing, at which time the applicant may appear and object under applicable law to any potential repeal or modification of the conditions of approval, and after considering testimony as to the operation of the approved uses, repeal this specific plan, or modify the plan with additional conditions as it deems necessary to ensure that the approved uses continue to be compatible with surrounding properties and
continue to be operated in a manner that is in the best interest of public convenience and necessity and will not be contrary to the public health, safety or welfare.
Section 7. Appeal.
Any decis ion by the Director of Community Development may be appealed to the Planning Commission, upon receipt of a written request for a hearing, in accordance with the provisions of ECMC Chapter 17.30. The Director of Community Development shall schedule any appeal for the next available Planning Commission meeting based on notice times and agenda availability.
Section 8. Severability.
If any section, subsection, sentence, clause, or phrase of this Specific Plan is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Specific Plan. The City Council hereby declares that it would have adopted this Specific Plan and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases may be declared invalid.
Section 9. Permitted Uses.
All uses allowed in the C -N zone are allowed within the Specific Plan area as shown in the ECMC section 17.145.150, Table 145.150 Commercial Land Use Table.
Notwithstanding those uses described in Table 145.150, this Specific Plan shall permit the land use designation of "Neighborhood serving warehousing, distribution, and wholesale" to be applicable to SP 32, with the following restrictive and explanatory notes:
Land Use Status Notes
Neighborhood serving warehousing, distribution, and wholesale P 1, 2, 3
1. Allowed in conjunction with a retail store greater than 20,000 square feet in floor area.
2. Must continue to offer retail sales and be publicly accessible
3. Wholesale tobacco and alcohol products shall be enclosed in a separate area from general household goods, limited to a combined area of no more than 25% of the floor area, and will not be readily visible to the general public.
Section 10. Use Regulations.
Wholesale products sold in conjunction with a neighborhood serving warehousing, distribution, and wholesale use are not required to be available to retail commercial customers.
Section 11. Development Standards.
The development standards set forth in ECMC Chapter 17.130 are applicable. For the purposes of SP 32, only, the following development standards shall apply:
11.1 Setbacks: The commercial setbacks contained in ECMC section 17.145.090 shall apply, except that no commercial buildings or additions to existing commercial building shall encroach into a 24- foot setback from the adjacent residentially zoned properties. The building closest to the eastern property line is currently occupied by the Vons grocery st ore. It is located 24 feet from the property line.
11.2 New Delivery Docks/Loading Areas: New delivery docks/loading areas shall not directly face adjacent residences on Burnaby St. nor be visible from the public rights-of-way adjacent to the shopping center.
11.3 Trash Enclosures: Tenant improvements exceeding the construction valuation in ECMC section 12.12.030 shall be required to upgrade the trash enclosure utilized by the business in accordance with City standards.
Section 12. Architectural Guidelines
The architectural guidelines set forth in ECMC Chapter 17.180 are applicable. For the purposes of SP 32, the following architectural guidelines shall also apply:
12.1 Colonnades: Existing colonnades traversing multiple tenant spaces shall be preserved, unless a comprehensive architectural upgrade in proposed and completed.
12.2 Transparency: All commercial storefronts shall maintain a minimum of 20% of the surface area beneath colonnades as windows.
Section 13. Performance Standards.
13.1 All new parking lot lighting elements shall be directed downward and shielded from adjacent residential properties.
13.2 All landscaped areas shall be sufficiently watered and periodically fertilized to establish and maintain healthy growth, and shall be maintained in a neat, litter and weed free condition. All plants shall be pruned and trimmed as necessary, and upon notification by the Planning Division, all plant materials that have died or have failed to show healthy growth shall be replaced by plants of the same or similar species. Replacement by more drought resistant plants may also be approved. Landscape maintenance shall include regular inspection, adjustment, and repair of the irrigation system, including making seasonal changes to the irrigation controller.
13.3 All uses under this specific plan shall be operated in a manner that complies at all times with the performance standards in ECMC section 17.115.130.
Section 14. Alcohol Sales.
Alcohol sales and deemed approved alcohol sales regulations contained in ECMC Chapter 17.210 are applicable for retail alcohol sales. Wholesale alcohol sales may be permitted with a neighborhood serving warehousing, distribution, and wholesale uses, but shall not be readily visible by or accessible by retail commercial customers. Alcoholic
Beverage Control Licenses Type 17 (Beer and Wine Wholesaler) and a type 18 (Distilled Spirits Wholesaler) will be allowed with neighborhood serving warehousing, distribut ion, and wholesale uses.
Section 15. Tobacco Products and Electronic/Vapor Substance Products.
Tobacco products and electronic/vapor substance product sales regulations contained in ECMC Chapter 17.240 are applicable. Wholesale tobacco products and electronic/vapor substance product sales products may be permitted with a neighborhood serving warehousing, distribution, and wholesale use and may include cigarettes, cigars (machine made), cigars (hand rolled), roll -your-own tobacco, rolling paper, accessories, chewing tobacco (dry), chewing tobacco (moist), snus, filtered cigars, cigar wraps, e- cigs, and hookah tobacco. Retail tobacco sales shall be limited to a 16 cubic feet display area and subject to the regulations found in ECMC Chapter 8.33.
Section 16. Applicability.
Where this Specific Plan is silent in terms of the use and development standards for each site, the underlying zoning district and applicable general zoning regulations shall govern.
Furthermore, where a conflict exists between this Specif ic Plan and the ECMC, this Specific Plan shall prevail.
Section 17. Attachments.
Exhibit A.1 - Reduced Site Plan
Exhibit A.1
REDUCED SITE PLAN
- ··- ··- ··- ··- ··- ··7
i
i I
1 17
I j _ II i
i I I
I 1. -"'= _ i
I -- - I I
i - -- I I ""'.,,... = ....,,...
j j I I II
j j J --·- c.?' I i i =~,;;:; -
I 7-:- ""'"'" · 1-· 1- 1 I ,1- I
; i i I - i-:::-J ,- = I
li j j
; i i i
'· i I i
i i I I I ( j _ I _, I i
I ·-'-'
1 - i
i [1 h I½ = [ Er ]I f n~I J
I '------- 1 :::!l_ L _ _ __ _ _ _ _ _ _ _______ ____ _ _ [_ ----------- i ·--·--·-·-·--. ___ _________________ -:~==;-;;;:I.·:;;-·-·
Plaza de Las Palmas Shopping Center Specific Plan
Specific Plan (SP) No. 32
SP No. 2023-0002
AVOCADO AVE.
E. CHASE AVE.
Section 1. Purpose and Intent.
A specific plan can be adopted to develop the systematic implementation of the City’s general plan for all or part of the area covered by the general plan. (Cal. Govt. Code section 65450). It is the purpose of Specific Plan No. 32 (the "Specific Plan" or "SP 32") to supplement Title 17 of the El Cajon Municipal Code ("Title 17"), but only for the Specific Plan Area as described in Section 3, herein. Under Government Code section 65455, the City’s Zoning Code ( i.e., Title 17) cannot be amended within an area covered by the SP 32 unless such amendment is consistent with this Specific Plan. Accordingly, Title 17 should be amended at the earliest convenience as necessary to be consistent with this Specific Plan.
The evolution of online retailing and localized distribution systems through businesses like Amazon, Door Dash, Instacart, and Uber Eats, etc. has changed the character of retail commercial establishments and has increased the demand for warehousing, as well more nuanced distribution systems for retail and wholesale activities in closer proximity to residential areas where customers are demanding shorter and shorter delivery times. Existing warehousing and distribution uses within the City are limited to the M (Manufacturing) zone and C-M (Heavy Commercial) zone. These areas are concentrated near Interstate 8 and north of Fletcher Parkway near Gillespie Field in the westerly and northerly portions of the City. The goal of this Specific Plan is to allow smaller scale wholesale businesses within the Specific Plan area without compromising the character of the neighborhood serving shopping center and ensuring compatibility with nearby residential uses , while preserving the continued operation of the existing shopping center in accordance with C-N (Neighborhood Commercial) zoning regulations.
The typical impression of wholesale establishments is that of a Costco or Sam’s Club, which technically, are not wholesalers. These establishments primarily sell all of their products directly to retail customers as well as to wholesale customers. It is the intent of this Specific Plan to allow smaller wholesale sales and retail sales to occur within the same establishment. Both retail and wholesale customers are allowed to purchase household goods in the establishment but only wholesale customers are allowed to purchase wholesale alcohol and tobacco products. This arrangement allows establishments within the Specific Plan to maintain a retail ambiance without con tributing to any existing issues in regard to the sale of alcohol and tobacco in the vicinity of residential land uses. Wholesale alcohol and tobacco products are required to be separated from the general household goods in a secured area and the sale of w holesale alcohol and tobacco products to non-retailers is prohibited. The Specific Plan will continue to allow retail alcohol and tobacco sales in accordance with Title 17 of the El Cajon Municipal Code.
Section 2. Definitions
For the purposes of this Specific Plan, the following definitions shall apply:
“Neighborhood serving warehousing, distribution, and wholesale” means a trade use that sell goods in large quantities to other businesses, to professionals, and to retail establishments , but is open to the general public for retail sales. Typically, wholesale uses involve the storage of large quantities of goods in warehouses and may also involve the distribution of goods to retail establishments, professionals, and other end-users.
Section 3. Specific Plan Area.
The Specific Plan includes approximately 12.9 acres ( 563,406 square feet ) of land area loc ated at the southeast corner of Avocado Avenue and E. Chase Avenue. It is comprised of Assessor Parcel N umbers 493-290-1200, 493-290-1500, 493-290-1700, 493-290-1800, 493-290-1900, 493-290-2000, 493-290-2100, 493-290-2200, 493- 290-2300, and 493 -290-2300. Approved development at the site include approximately 131,776 square feet of existing commercial buildings.
The Specific Plan area has been built-out as a shopping area, which is called Plaza de Las Palmas. The Vons grocery store and former Rite Aid Pharmacy anchor the “strip mall” portion of the shopping area, which also includes numerous small retail and restaurant use s. The shopping area also includes three stand- alone buildings.
Section 4. Authority and Scope.
This specific plan is established by the El Cajon City Council in accordance with Chapter 17.70 of the El Cajon Municipal Code ( "ECMC"), which establishes specific plans as an authorized mechanism for regulating land use and development in the City; and as enabled by the State of California Government Code Title 7, Division 1, Chapter 3, Article 8, sections 65450 through 65457. The development and design standards, and permitted uses conta ined within this specific plan supersede the previous land use and development regulations contained within the ECMC for the subject sites. Where the specific plan is silent, the regulations of the ECMC are applicable.
Section 5. California Environmental Quality Act (CEQA).
Adoption of a Specific Plan constitutes a project under CEQA. Pursuant to CEQA, this project is exempt in accordance with CEQA Guidelines section 15301 (Existing Facilities). The Specific Plan will continue to allow the operation of existing private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The Specific Plan allows additional square footage within the existing retail spaces to be allocated t o neighborhood scale warehousing, distribution, and wholesale without compromising the character of the neighborhood shopping center and ensuring compatibility with nearby residential uses.
Section 6. Amendments to this Specific Plan.
Specific plan amendments shall be made through the provisions found in the ECMC; specifically, Chapters
17.57, 17.63 and 17.70. The City Council may at any time, after holding a properly noticed public hearing, at which time the applicant may appear and ob ject under applicable law to any potential repeal or modification of the conditions of approval, and after considering testimony as to the operation of the approved uses, repeal this specific plan, or modify the plan with additional conditions as it deems necessary to ensure that the approved uses continue to be compatible with surrounding properties and continue to be operated in a manner that is in the best interest of public convenience and necessity and will not be contrary to the public health, safety or welfare.
Section 7. Appeal.
Any decision by the Director of Community Development may be appealed to the Planning Commission, upon receipt of a written request for a hearing, in accordance with the provisions of ECMC Chapter 17.30.
The Director of Com munity Development shall schedule any appeal for the next available Planning Commission meeting based on notice times and agenda availability.
Section 8. Severability.
If any section, subsection, sentence, clause, or phrase of this S pecific Plan is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this S pecific Plan. The City Council hereby declares that it would have adopted th is Specific Plan and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases may be declared invalid.
Section 9. Permitted Uses.
All uses allowed in the C -N zone are allowed within the Specific Plan area as sh own in the ECMC section
17.145.150, Table 145.150 Commercial Land Use Table.
Notwithstanding th ose uses described in Table 145.150, this Specific Plan shall permit the land use designation of "Neighborhood serving warehousing, distribution, and wholesale" to be applicable to SP 32, with the following restrictive and explanatory notes:
Land Use Status Notes
Neighborhood serving warehousing, distribution, and wholesale P 1, 2, 3
1. Allowed in conjunction with a retail store greater than 20,000 square feet in floor area.
2. Must continue to offer retail sales and be publicly accessible
3. Wholesale tobacco and alcohol products shall be enclosed in a separate area from general household goods , limited to a combined area of no more than 25% of the floor area, and will not be readily visible to the general public.
Section 10. Use Regulations.
Wholesale products sold in conjunction with a neighborhood serving warehousing, distribution, and wholesale use are not required to be available to retail commercial customers.
Section 11. Development Standards.
The development standards set forth in ECMC Chapter 17.130 are applicable. For the purposes of SP 32, only, the following development standards shall apply:
11.1 Setbacks: The commercial setbacks containe d in ECMC section 17.145.090 shall apply, except that no commercial buildings or additions to existing commercial building shall encroach into a 24-foot setback from the adjacent residentially zoned properties. The building closest to the eastern property line is currently occupied by the Vons grocery store . It is located 24 feet from the property line.
11.2 New Delivery Docks/Loading Areas : New delivery docks/loading areas shall not directly face adjacent residences on Burnaby S t. nor be visible from the public right s-of-way adjacent to the shopping center .
11.3 Trash Enclosures: Tenant improvements exceeding the construction valuation in ECMC section
12.12.030 shall be required to upgrade the trash enclosure utilized by the business in accordance with City standards.
Section 12. Architectural Guidelines
The architectural guidelines set forth in ECMC Chapter 17.180 are applicable. For the purposes of SP 32, the following architectural guidelines shall also apply:
12.1 Colonnades: Existing colonnades traversing multiple tenant spaces shall be preserved, unless a comprehensive architectural upgrade in proposed and completed.
12.2 Transparency: All commercial storefronts shall maintain a minimum of 20% of the surface area beneath colonnades as windows.
Section 13. Performance Standards.
13.1 All new parking lot lighting elements shall be directed downward and shielded from adjacent residential properties.
13.2 All landscaped areas shall be sufficiently watered and periodically fertilized to establish and maintain healthy growth, and shall be maintained in a neat, litter and weed free condition. All plants shall be pruned and trimmed as necessary, and upon notification by the Planning Division, all plant materials that have died or have failed to show healthy growth shall be replaced by plants of the same or similar species. Replacement by more drought resistant plants may also be approved. Landscape maintenanc e shall include regular inspection, adjustment, and repair of the irrigation system, including making seasonal changes to the irrigation controller.
13.3 All uses under this specific plan shall be operated in a manner that complies at all times with the performance standards in ECMC section 17.115.130.
Section 14. Alcohol Sales.
Alcohol sales and deemed approved alcohol sales regulations contained in ECMC Chapter 17.210 are applicable for retail alcohol sales. Wholesale alcohol sales may be permitted with a neighborhood serving warehousing, distribution, and wholesale uses, but shall not be readily visible by or accessible by retail commercial customers. Alcoholic Beverage Control License s Type 17 (Beer and Wine Wholesaler) and a type 18 (Distilled Spirits Wholesaler) will be allowed with neighborhood serving warehousing, distribution, and wholesale uses.
Section 15. Tobacco Products and Electronic/Vapor Substance Products.
Tobacco products and electronic/vapor substance product sales regulations contained in ECMC Chapter
17.240 are applicable. Wholesale tobacco products and electronic/vapor substance p roduct sales products may be permitted with a neighborhood serving warehousing, dis tribution, and wholesale use and may include cigarettes, cigars (machine made), cigars (hand rolled), r oll-your-own tobacco, rolling paper, accessories, chewing tobacco (dry), chewing tobacco (moist), snus, filtered cigars, cigar wraps, e - cigs, and hookah tobacco. Retail tobacco sales shall be limited to a 16 cubic feet display area and subject to the regulations found in ECMC Chapter 8.33.
Section 16. Applicability.
Where this Specific Plan is silent in terms of the use and development standards for each site, the underlying zoning district and applicable general zoning regulations shall govern. Furthermore, where a conflict exists between this Specific Plan and the ECMC, this Specific Plan shall prevail.
Section 17. Attachments.
Exhibit A.1 - Reduced Site Plan
Exhibit A.1
REDUCED SITE PLAN
I
i
i
i
I
I
i
i
i
I
~ i
i i
~ i
~ i
i
I
I
i
i
i
I 17
I - I
I
!
i --1 ~.20
i I I
I 1,7
l I
I '------
""""' -
,~
I c
- - ----, -
i--J ,~ 1-,
._,I .._.I
_[_ ----
i ·- -- ------ -- ----·- ·-·-· - ·-·- ·- ·~~=;-;;I.·;;-·-· I-
~ I
,-
_ · 1
- --- --- --- --- --- ··7
i
i
i
i
i
i
i
i
I
i
I
I
i
i
i
i
i
i
i
i
i
I
i
.'._ __ __ - ·-·- _j
DocuSign Envelope ID: 6E1 CC097-58E4-4D30-8218-096FAAB27434 City of El Cajon
Type of Planning Permit(s) Requested:
LJAZP
Administrative Zoning
Permit
0MUP
Minor Use Permit
l2]SP
Specific Plan
VAR
Variance
Project Location
Parcel Number (APN):
Address:
Nearest Intersection:
cup
Conditional Use Permit
0PRD
Planned Residential
Development
0SCR
Substantial
Conformance Review
ZR
Zone Reclassification
493-290-24
1135 Avocado Ave
Chase
Project Description (or attach separate narrative)
See attached
Project Screening Questions
Existing use?
Modification of use?
New development or addition?
Existing Structures?
Application and
Disclosure Statement
Project Assistance Center
PLANNING PERMIT APPLICATION
OLLA 0MA
Lot Line Adjustment Minor Amendment
0PUD OsoP
Planned Unit Site Development Plan
Development Permit
0TPM 0TSM
Tentative Parcel Map Tentative Subdivision
Map
00ther:
If yes, please describe:
[aves
0Yes
Yes
Ejves
General retail sales
Wholesale
Age of the structures: 35 years
200 Civic Center Way I El Cajon I California I 92020 I 619-441-1742 Main I 619-441-1743 Fax
DocuS ign Envelope ID: 6E1CC097-5BE4-4O30-8218-096FAAB 27434 Demolition or substantial
modification proposed to site
improvements or structures?
Tenant improvements proposed?
Existing vegetation or trees on site
proposed for removal?
Proposed grading?
~No
No
~No
Yes
EjYes
0Yes
0Yes
Interior shelving and registers
Proposed quantities of cut and/or fill.
Applicant Information (the individual or entity proposing to carry out the project; not for consultants} Kattoula & Associates
Company Name:
Vince Kattoula
Contact Name:
P.O. Box 2735
Mailing Address:
Phone: 619-750-9650 Email: [email protected]
Interest in Property: own ~Lease 00ption
Project Representative Information (if different than applicant; consultant information here) Company Name:
Contact Name: license:
Mailing Address:
Phone: Email:
Property Owner Information (if different than applicant) 9346 ABRAHAM LLC
Company Name:
Contact Name: Aidan James
Mailing Address: 8665 Argent Street, Suite C, Santee, CA 92071 Phone: 781-879-2872 Email: aidan [email protected]
Hazardous Waste and Substances Statement
Section 65962.S(f} of the State of California Government Code requires that before the City of El Cajon accepts as complete an application for any discretionary project, the applicant submit a signed statement indicating whether or not the project site is identified on the State of California Hazardous Waste and Substances Sites List. This list identifies known sites that have been subject to releases of hazardous 200 Civic Center Way I El Cajon I California I 92020 I 619-441-1742 Main I 619-441-1743 Fax
DocuSign Envelope ID: 6E1CC097-58E4-4D30-8218-096FAAB27434 chemicals, and is available at http:ljwww .calepa.ca.gov/sitecleanup/corteselist/. Check the appropriate box and if applicable, provide the necessary information:
The development project and any alternatives proposed in this application:
0is/are NOT contained on the lists compiled pursuant to Government Code Section 65962 .5.
Dis/are contained on the lists compiled pursuant to Government Code Section 65962.5.
If yes, provide Regulatory Identification Number: ______ Date of List: _____ _ Authorization
Applicant Signature 1:
Property Owner
Signature2:
1/DocuSigned by:
Llf:,~-- Date: 9/28/2023
Date:
1. Applicant's Signature: I certify that I have read this application and state that the above information is correct, and that I am the property owner, authorized agent of the property owner, or other person having a legal right, interest, or entitlement to the use of the property that is the subject of this application. I understand that the applicant is responsible for knowing and complying with the governing policies and regulations applicable to the proposed development or permit. The City is not liable for any damages or loss resulting from the actual or alleged failure to inform the applicant of any applicable laws or regulations, including before or during final inspections . City approval of a permit application, including all related plans and documents, is not a grant of approval to violate any applicable policy or regulation, nor does it constitute a waiver by the City to pursue any remedy, which may be available to enforce and correct violation s of the applicable policies and regulations. I authorize representatives of the City to enter the subject property for inspection purposes.
2. Property Owner's Signature: If not the same as the applicant, property owner must also sign. A signed, expressed letter of consent to this application may be provided separately instead of signing this application form. By signing, property owner acknowledges and consents to all authorizations, requirements, conditions and notices described in this application. Notice of Restriction: property owner further acknowledges and consents to a Notice of Restriction being recorded on the title to their property related to approval of the requested permit . A Notice of Restriction runs with the land and binds any successors in interest.
Pre-submittal Review
The purpose of a pre-submittal review is to provide you an opportunity to review your project with the City's development team in a preliminary form to finalize submittal requirements and receive a cursory identification of potential issues. A pre-application is required unless waived by staff. 200 Civic Center Way I El Cajon I California I 92020 I 619-441-1742 Main I 619-441-1743 Fax
DocuSign Envelope ID: FE31156A-3BF9-4ABA-9A7F-E3015D9C2A4E Disclosure Statement
Project Assistance Center
Planning Group
DISCLOSURE STATEMENT
This statement is intended to identify and avoid potential conflicts of interest that may exist between the project proponents and the decision makers; including City staff, Planning Commissioners, and City Council members .
The following information must be disclosed:
1. List the names and addresses of all persons having a financial interest in the application.
Ayad Mansour 1090 E. Washington, El Cajon
List the names and address of all persons having any ownership interest in the property involved.
9346 Abraham LLC 1059 Australia St. El Cajon
2. If any person identified pursuant to (1) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership.
Mimi Nguyen 1059 Australia St. El Cajon
3. If any person identified pursuant to (1) above is a trust, list the name and address of any person serving as trustee or beneficiary or truster ofthe trust. 200 Civic Center Way I El Cajon I California I 92020 I 619-441-1742 Main I 619-441-1743 Fax DocuSign Envelope ID: FE31156A-3BF9-4ABA-9A7F-E3015D9C2A4E Ayad (Jeff) Mansour
4. Have you or your agents transacted more than $500.00 worth of business with any member of City staff, Boards, Commissions, Committees and Council within the past 12 months or $1,000.00 with the spouse of any such person? Yes __ No _X __ If yes, please indicate person(s), dates, and amounts of such transactions or gifts. "Person" is defined as "Any individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, association, committee, and any other organization or group of persons acting in concert." Gov't Code §82047. [2 OocuSlgned by,
O.l!t.:::
Signature of applicant/ date Print or type name of applicant NOTE: Attach appropriate names on additional pages as necessary. C - N