DATE:
January 16, 2024
TO:
Paul Buddenhagen, City Manager
FROM:
Chadrick Smalley, Community Development Director
SUBJECT:
Study Session: Auto-Related and Personal Storage Uses
RECOMMENDATION
This item offers the City Council the opportunity to discuss and provide direction to staff on options for auto-related and personal storage uses that are permitted in the City.
BACKGROUND
On October 3, 2023, Mayor Bauters requested and received majority support for a future study session to discuss de-emphasizing certain auto-related and storage land uses in the Planning Regulations including car washes, auto dealerships, gas stations, and personal storage units.
DISCUSSION
Zoning and Land Use Overview
The City’s land use pattern is designated by the General Plan Land Use Diagram that was adopted on October 13, 2009. To implement the General Plan, Emeryville Municipal Code Title 9 Planning Regulations, was adopted on February 5, 2013. Title 9 is the implementing ordinance that regulates land uses on individual project sites. It includes a Zoning Map that divides the City into the following 16 zones:
High Density Residential (RH)
Medium-High Density Residential (RMH)
Medium Density Residential (RM)
Mixed Use with Residential (MUR)
Mixed Use with Residential South (MURS)
Mixed Use with Non-Residential (MUN)
Office/Technology (OT)
Office/Technology Doyle Hollis North Area (OT/DH)
Heavy Industrial (INH)
Light Industrial (INL)
Public (P)
Marina (M)
Park/Open Space (PO)
Shoreline Management (SM)
Planned Unit Development (PUD)
Utilities/Transportation (UT)
In addition, there are six overlay zones – Pedestrian Priority Zone (PP); Neighborhood Retail Overly (NR); Regional Retail Overlay (RR); North Hollis District (N-H); Park Avenue District (P-A) and Transit Hubs (TH).
Title 9 Chapter 2 establishes the Use Classification System. This chapter classifies uses of land according to common characteristics to provide a basis for regulation of land uses in accordance with criteria that are in the public interest and consistent with the General Plan.
Car washes, auto dealerships and gas stations are all included in Article 3 of Chapter 2 as “Motor Vehicle Sales and Services” uses: “Cleaning”, “Sales and Leasing”, “Repair and Service”, and “Service Station”, respectively. Storage units are included in Article 4 of Chapter 2 as a “Storage and Distribution” use: “Personal”. These uses are defined by the Planning Regulations as follows:
Sec. 9-2.339(a) Cleaning
Washing, waxing, and polishing of vehicles. The cleaning of a vehicle’s interior may be included. Typical uses include full-service and self-serve car washes.
Sec. 9-2.339(c) Sales and Leasing
Automobile, recreational vehicle, boat, and motorcycle dealers, including incidental storage and maintenance.
Sec. 9-2.339(d) Repair and Service
Repair and servicing of vehicles, including the sale and installation of parts. Typical uses include muffler shops, tire sales and installation, repair garages, maintenance services, touch-ups and painting, and automotive glass shops.
Sec. 9-2.339 (e) Service Station
Motor vehicle fuel sales, including alternative fueling stations for electric or hybrid vehicles or other alternative fueling (e.g., hydrogen). Accessory uses may include minor repair services and the sale of packaged food, motor oils, replacement parts, and accessories.
Sec. 9-2.245(c) Personal
Storage services primarily for personal and household goods within enclosed storage areas that provide individual access.
Title 9 Table 9-3.202 outlines land uses that are permitted by right, conditionally permitted and prohibited in each zone. Below is an annotated excerpt from the table showing the zones in which the aforementioned auto-related uses and personal storage use are, and are not, allowed.
Table 9-3.202: Uses Permitted, Conditionally Permitted and Prohibited Base Zones
Overlay Zones
Use ClassificationsRMRMHRHMURMURSMUNOTOT/DHINLINHPMPOSMUTPANRRRTHCommercial and Institutional Motor Vehicle Sales and Services Cleaning (Car Wash)XXXXXCXCCM*CXXXXX C Sales and Leasing (Dealerships)XXXCCCXCCXXXXXX Repair and Service XXXCCCXCCCM*XXXXX Service Station (Gas stations)XXXXXCXXXXXXXXXXXC3XIndustrial Storage and Distribution PersonalXXXCCCXCPPXXXXXX X Key: X – Prohibited; C – Conditionally Permitted; CM – Minor Conditional Use Permit* P – Allowed by Right. *Notwithstanding this notation, because “Cleaning” and “Repair and Service” are Uses of Special Concern, a Major Conditional Use Permit is required. (See Attachment 1 for General Plan Land Use Diagram, Zoning Map and Zoning Overlay Map. See Attachment 2 for the complete Table.) Section 9-2.701 of the Planning Regulations outlines certain “Uses of Special Concern” because of their potential to adversely affect surrounding uses. Uses of Special Concern always require a Major Conditional Use Permit that is considered by the Planning Commission. All Motor Vehicle Sales and Services uses, except for “Sales and Leasing” and “Rentals”, are listed as Uses of Special Concern.
Below are brief summaries regarding where and how these uses are permitted under current regulations:
A car wash is categorized as “Motor Vehicle Sales and Service: Cleaning”, which is a Use of Special Concern and allowed in the MUN, OT, INH and INL zones with a Major Conditional Use Permit.
A dealership is categorized as “Motor Vehicle Sales and Service: Sales and Leasing” which is not a Use of Special Concern and allowed in the MUR, MURS, MUN, OT/DH and INL zones with a Major Conditional Use Permit, or a Minor Conditional Use Permit if the use is to be located within an existing building.
A gas station is categorized as “Motor Vehicle Sales and Service: Service Station”, which is a Use of Special Concern and only allowed in the MUN zone but not in the overlay zone of PA, NR and TH. Effectively, a new gas station could only be permitted with a Major Conditional Use Permit on the properties currently occupied by IKEA, Hong Kong East Ocean Restaurant, the Towers parking structure and the Bay Center offices.
A storage unit facility is categorized as “Storage and Distribution: Personal” and allowed in the MUR, MURS, MUN and OT/DH zones with a Major Conditional Use Permit (Minor Conditional Use Permit if within an existing building) and by-right in the INL and INH zones but not in the PA and NR overlay zones.
Existing Uses
Article 10 of Chapter 5 of the Planning Regulations outlines regulations for Nonconforming Uses and Structures. The purpose of these provisions is to regulate uses of land and structures that were legal before the adoption of the Planning Regulations, but which no longer comply. The intent is to permit nonconforming uses to continue until they are removed but not encourage their survival or expansion.
The table below shows names and locations of existing auto-related and personal storage uses in the City and whether they are currently legal nonconforming. If the Council chooses to further restrict where these uses can be established, it may result in making some of the existing uses below nonconforming.
Zone
Allowed by Zoning (Yes/No)
Legal Non-Conforming
(Yes/No)
Car Wash
Bay Bridge Auto Spa (2000 Powell Street)
MUN
Yes, with Use Permit
No
The Loop Car Wash (Shell)
(1800 Powell Street)
MUN
Yes, with Use Permit
No
Car Dealership
Fantasy Junction
(1145 Park Avenue)
MUR
Yes, with Use Permit
No
Body Shops
Boyd’s Auto Body
(1245 Powell Street)
MUR
Yes, with Use Permit
Yes
Continental Autobody of Emeryville
(1355 Park Street)
MUR
Yes, with Use Permit
Yes
Gas Stations
Chevron
(1400 Powell Street)
MUN
Yes, with Use Permit
No
76 Gas Station
(1700 Powell Street)
MUR
No
Yes
Shell
(1800 Powell Street)
MUN
Yes, with Use Permit
No
Personal Storage
Public Storage
(6501 Shellmound)
MUR
Yes, with Use Permit
No
City Storage
(4004 Adeline Street)
MUR
Yes, with Use Permit
No
Staff have neither received nor processed any applications for conditional use permits for any of the above auto-related uses nor personal storage uses for the past ten years. The last permit in the above table was processed for City Storage in 2012. Staff has received inquiries from prospective car washes, auto body shops and dealerships in recent years, but none of these inquiries have yet resulted in applications for permits.
Additional Considerations
As noted above, car dealerships are categorized as “Sales and Service” which is defined as “automobile, recreational vehicle, boat, and motorcycle dealers…”. Staff notes that this definition is relatively wide because it includes recreational vehicles, boats and motorcycles, and does not distinguish between propulsion systems for automobiles (i.e. electric vehicles versus internal combustion engines). The City Council should consider whether the objective of de-emphasizing automotive uses is best served by refining this land use definition to more narrowly target the proposed code changes. Similarly, the City Council may want to consider whether to make a distinction for auto related services that specialize in servicing alternative fueled vehicles.
Staff also notes that auto dealers are increasingly using a “showroom” business model where the facility does not keep an inventory of cars on-site. This is especially true for newer manufacturers of electric vehicles that use direct-to-consumer sales models; this format allows for auto sales in walkable shopping districts. For example, Vinfast has established a showroom on Fourth Street in Berkeley, and Rivian has a location on Colorado Street in Old Town Pasadena. If an application for an auto showroom were to be received under current regulations, the same land use regulations that would apply to a traditional dealership would apply.
The current definition of “Service Station” specifically includes both gas stations and alternative fueling stations such as electric vehicle charging. The City has processed permits for individual banks of electric vehicle chargers, but these have all been in private parking lots such as Powell Street Plaza, the Bank of America and the Public Market. If an application for a large, freestanding electric vehicle charging station business were to be received under current regulations, the same land use regulations that would apply to a gas station would apply (i.e. Use of Special Concern with limited location options).
DISCUSSION QUESTIONS
1. Does the City Council wish to further limit the zones in which auto-related uses are permitted?
2. Does the City Council want to treat electric vehicle charging stations the same as gas stations in terms of zones that that they are permitted and the permitting process?
3. Does the City Council wish to differentiate auto showrooms as a separate use subcategory from motor vehicle sales and service, and make the permitting process simpler (e.g. no major use permit)?
4. Does the City Council wish to differentiate repair and service uses that are specialized for alternative fuel/electric vehicles as a separate use subcategory?
FISCAL IMPACT
There are no direct fiscal impacts from this study session. A limitation on the potential location of gas stations and automotive sales may correspondingly limit the potential for sales tax revenues from these uses in the future, however, the impact cannot be reliably estimated.
STAFF COMMUNICATION WITH PUBLIC
None.
CONFLICT OF INTEREST
Not applicable.
CONCLUSION
Staff requests the City Council discuss and provide direction regarding the above discussion questions.
PREPARED BY: Miroo Desai, Planning Manager
REVIEWED BY: Chadrick Smalley, Community Development Director
APPROVED AND FORWARDED TO THE
CITY COUNCIL OF THE CITY OF EMERYVILLE:
Paul Buddenhagen, City Manager
Attachments:
1. General Plan Land Use Diagram; Zoning Map; and Zoning Overlay Map
2. Table 9-3.202: Uses Permitted, Conditionally Permitted and Prohibited Auto-Related and Personal Storage Uses Study Session
City Council Meeting | January 16, 2024
Page PAGE 7 of NUMPAGES 7
City of Emeryville
CALIFORNIA
MEMORANDUM