STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of January 25, 2022
TO: Members of the City Council
VIA Dante Hall, City Manager
FROM: Robert Reber, AICP, Community Development Director David Hogan, AICP, Principal Planner (M-Group)
SUBJECT: America’s Tire – Conditional Use Permit #21-01, Design Review Permit #21-02, and Tentative Parcel Map #21-01 to construct and operate an 8,938- square-foot tire store on the southerly portion of the Home Depot parking lot.
LOCATION: 1625 Sycamore Avenue, Hercules CA
APPLICANT: Marvin Marshall, P.E, Kimley-Horn on behalf of America’s Tire RECOMMENDED ACTION:
The Planning Commission and City Staff recommend that the City Council adopt a resolution:
Amending the conditions of approval for the Home Depot project, Conditional Use Permit #03-02 and Design Review Permit #03-02; and Approving the America’s Tire project, comprising Conditional Use Permit #21-01, Design Review Permit #21-02, and Tentative Parcel Map #21-01, subject to the conditions of approval.
PROJECT BACKGROUND
The initial Home Depot site was approved by the Planning Commission through Resolution #02-11 on May 20, 2002, with the City Council upholding the Commission’s decision and conditions in whole through Council Resolution #02-083 on July 9, 2002. The original approval was for a 94,984-square-foot commercial warehouse and 24,301-square-foot attached garden center on a 12.67-acre site in the Creekside Shopping Center, with 524 parking spaces. Per site plans, the total parking for the entire shopping center was 858 parking spaces for 190,567 square feet of building area in the entire center. The approval included 15 “extra” parking spaces within the shopping center beyond what was required by the Zoning Ordinance.
Since the original approval of the Home Depot property, there have been two additional modifications to the site. The first was the approval of a cellular facility on the northerly portion of the site (including necessary ground-based equipment). The second was in 2015 for a Bloom Box energy system in the parking lot south of the building. These two changes to the original project approval resulted in the loss of five parking spaces.
Since the original project approval, Home Depot has stored materials in the parking lot and drive aisles, resulting in the loss of between 50 and 70 parking spaces (according to various aerial images of the site).
PROJECT DESCRIPTION:
The project consists of two components. The first is the construction of an 8,938-square-foot America’s Tire store, requiring City approval of applications for a conditional use permit, design review, and tentative parcel map. The second component is a modification to the conditions of approval for the existing Home Depot.
America’s Tire proposes to subdivide the existing 12.62-acres parcel into two parcels. The largest parcel, 11.74 acres, would contain the Home Depot store and related parking. The smaller parcel located on the southern portion of the site near the Sycamore Drive access would be for the proposed America’s Tire store. Within the new 0.98-acre (40,393 square feet) parcel, an 8,938-square-foot America’s Tire store would be constructed, including a 1,900-square-foot mezzanine to be used primarily for tire storage. The project is located in an existing shopping center. The proposed project will replace the existing parking lot and parking lot landscaping.
The existing Home Depot project was approved with a requirement to provide a certain amount of parking. The proposed modifications to the conditions of approval would approve a parking exception to justify a reduction in the amount of required parking, identify what portions of the parking lot may be used for non-parking purposes, and clarify how the currently authorized special sale events would be approved. The approval of both projects will require the approval of a Parking Exception for Home Depot as provided for in the separate but concurrent proposal to modify the Zoning Ordinance to allow reductions in minimum required parking on a case-by-case basis (Zoning Text Amendment #21-02).
DESIGN CONSIDERATIONS
Site Design
The project is located southwest of Home Depot in the Creekside Center. The proposed building would be most directly accessed from the site entrance nearest Refugio Valley Park and would back up to Sycamore Avenue along the southern portion of site. The customer entrances and service bays of the proposed tire shop would face north towards the main access drive from Sycamore Avenue, which is consistent with the configuration of all of the existing buildings in the shopping center that face inwards towards the parking lot. A new Americans with Disabilities Act (ADA)-compliant path of travel will connect the customer lobby with the existing ADA path near the western parking aisle drive.
Building Design
The rectangular building will be 117 feet wide and 60 feet in depth and contain five service bays along with a customer waiting area. The height of the building is 26 feet. Roof mounted equipment would be concealed in equipment wells behind the roof parapet. The building will be constructed with split face block on the lower portion of each elevation and will have concrete plaster on the upper portion of each elevation. Accent trellises and tile roof sections will also be provided to provide additional visual interest. Vines will be planted along the southern elevation (visible from Sycamore Avenue) to further break up the mass of the building. The project complies with the development standards for the Community Commercial zone.
Parking
The proposed project will provide 33 parking spaces along the west, north, and east sides of the building. The provisions of Chapter 13-32 would require 40 parking spaces (8,938 SF ÷ 4-5 per 1,000 SF). This potential deficiency in parking is addressed through the center-wide shared parking agreement. The Citywide parking utilization study prepared in 2007 (see Attachment 2) indicated that the center provides substantially more parking than is actually needed. With the approval of the proposed parking exception, the project will comply with the City’s parking requirements. The parking exception is discussed later in this staff report.
Landscaping
Project landscaping will be concentrated in two areas. The first will be in an expanded landscaped median along the main drive aisle, which would replace three parking row end landscape medians. The second planting area is along the western end of the project between the property boundary and the parking lot. The perimeter landscaping along Sycamore Avenue is not being altered by the project.
Project construction will remove eighteen existing trees from the parking area, including four (4) Strawberry Trees (Arbustus Marina), ten (10) White Oleander (Nerium Oleander), and four (4) Sawtooth Zelkova (Zelkova Serrata) trees from the parking aisle end medians and tree wells. There are only a limited number of shrubs and groundcover in these areas.
The project will replace these removed trees with 12 Strawberry Trees, two White Oleander, and four Sawtooth Zelkova. The proposed shrubs include African Lily, Fortnight Lily, Skyrocket Juniper, and Pink Lady Indian Hawthorn, similar to the composition of the existing landscaping along the northside of the main drive aisle. Within the retention basins Occidental Blue Rush, Giant Wild Rye, California Fescue, and Deer Grass will be planted.
All of the replacement trees are moderate-water use varieties. The proposed shrubs and bio-retention species are all low-water use varieties. The project will be conditioned to comply with the requirements of the City’s water efficient irrigation ordinance.
Signage
The project proposes one free-standing monument sign on the center access drive (away from Sycamore Avenue) and three wall-mounted signs. The monument sign will be 8 feet wide and 6 feet high and will have a sign area of about 32 square feet. The actual lettering sign will be about 12 square feet. The building-mounted signs will be on the west, north, and south sides ranging in size from 10.37 to 12.84 square feet. The copy on each of sign will say: “AMERICA’S TIRE”. The project will not have signage on the existing shopping center monument signs. The signage complies with the provisions of Municipal Code Chapter 13-34.
PARKING EXCEPTION
The approval of the America’s Tire store will require a modification to the approved parking plan for Home Depot. The approved Creekside Center has a total of 834 parking spaces, 516 of which are on the Home Deport portion of the shopping center. Parking is shared across the entire center. The 2007 Carl Walker parking assessment (see Attachment 2) indicated that the Creekside Center had a surplus of 464 “extra” parking spaces, as indicated below:
Total Parking Supply 834
Effective Parking Supply (90% of Total) 751
Utilized Parking Spaces 287
“Extra “ Parking Spaces 464
Since the Home Depot project was approved, Home Depot has converted over 50 parking spaces to non-parking purposes, in addition to the five parking spaces converted for the city-approved “Bloom Energy” fuel cell. A calculation of the current available parking for both the Home Depot site and the entirety of Creekside Center is provided below. Home Depot’s share of the parking is included in the total for the center.
Home Depot
Area
Total Creekside Center
Number of Original Parking Spaces
516
834
Less The location of the Bloom Box
5 5
Number of Approved Parking Spaces
511
829
Less Seasonal Sale Area
31 31
Less the Shed Display Area
11 11
Less the Load-N-Go spaces
2 2
Less the Trailer Display Area
14 14
Currently Available Parking Spaces
453
771
In 2007, the parking utilization was observed to be 38.2% of the Effective Parking Supply. To calculate the current parking utilization, staff has used a 50% utilization factor (to the Effective Parking Supply) to cover any changes in parking utilization that may have occurred since 2007. Based upon the increased utilization factor, the Creekside Center has 376 (375.5 rounded up) “extra” parking spaces.
The America’s Tire project would result in the conversion of an additional 62 parking spaces to a non-parking purpose. Thus, Home Depot would have 391 spaces on its portion of the center for a total of 709 spaces for the entire Creekside Center. This would reduce the number of ”extra” parking spaces for Creekside Center to 314 (376 minus 62).
The proposed Parking Exception would permit the approval of the America’s Tire project and formalize the current use of Home Depot’s parking field. The previous parking analysis demonstrated that the Creekside Center has “extra” parking spaces. Based upon staff’s analysis, the approval of the America’s Tire project would not eliminate all of these “extra” parking spaces. As a result, Planning Commission recommends that the City Council approve the Parking Exception for Home Depot and approve the proposed America’s Tire project. Since the project requires a Parking Exception, this project approval will not actually be valid until after the ordinance amending the municipal code goes into effect (30 days after the second reading).
ENVIRONMENTAL REVIEW
All discretionary “projects” have a potential to affect the environment and may therefore be subject to the California Environmental Quality Act (CEQA). In reviewing the CEQA Guidelines, staff has determined that the proposed project components as described herein are “Categorical Exempt” under CEQA.
Tentative Parcel Map
CEQA Guidelines Section 15315 – Minor Land Division, states that “Class 15 consists of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent.” The proposed subdivision consists of two parcels in an urbanized area that is in conformance with the General Plan. The site is generally level and was last subdivided in 2002.
Building Construction and Site Improvements
CEQA Guidelines Section 15303 – New Construction or Conversion of Small Structures, states that “Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this section are the maximum allowable on any legal parcel. Examples of this exemption include but are not limited to:… (c) A store, motel, office, restaurant or similar structure not involving the use of significant amounts of hazardous substances, and ... In urbanized areas, the exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive.” The project is a new retail establishment that is less than 10,000 square feet in size, is located in an area zoned for the use, does not use significant amounts of hazardous substances, and is not sited in an environmentally sensitive location.
Based on this environmental determination, appropriate language has been added to the draft Resolution indicating that the two project components are Categorically Exempt under CEQA.
Home Depot Condition of Approval Modifications
The changes to the conditions of approval relate to either the operation of the existing Home Depot or relate to a reduction in the amount of parking required by the American’s Tire project. The amount of parking is no longer considered to be an environmental impact under CEQA and are exempt pursuant to Public Resources Code Section 21080.25(b)(9).
REQUIRED FINDINGS
Conditional Use Permit
Prior to recommending the approval of a conditional use permit, the City Council shall make the following findings supported with facts:
Finding 1 – General Plan Consistency: That the proposed use is consistent with the General Plan.
Facts: The approval of the conditional use permit for the retail use is consistent with the Community Commercial land use category for the site and the application goals and policies. The Community Commercial land use category is intended to accommodate commercial development, including retail, office, and service uses that would serve residents and employees within the City. The proposed America’s Tire store is consistent with this land use description.
Finding 2 – Zoning Conformity: That the proposed location of the use conforms with the purposes of the Zoning Ordinance and the purposes of the district in which the site is located, and will comply with the applicable provisions of the Zoning Ordinance.
Facts: The project site is zoned Community Commercial. The proposed use requires the approval of a conditional use permit pursuant to the provisions of Chapter 13-50 of the Hercules Municipal Code. The project complies with all of the development standards applicable to the Community Commercial Zone. While the project itself only provides 33 of the 40 required parking spaces, the project is part of a larger shopping center with shared parking. The parking ratio for a shopping center with 200,000 square feet of gross floor area is 4.5 spaces per 1,000 square feet. However, it the project were freestanding (not part of a shopping center) the parking ratio would only be 2.5 spaces per 1,000 square feet. In addition, as found in the 2007 analysis of citywide parking, the Creekside Center has more than enough parking to meet projected demand even with the reduced amount of off-street parking.
Finding 3 – Appropriate Design and Location: That the location, size, design and operating characteristics of the proposed use will be compatible in design, scale, coverage and density with existing and anticipated adjacent uses.
Facts: The addition of a commercial land use in a shopping center is an appropriate location and the design and scale of the building is consistent with the rest of the center. The building is oriented so that the front of the building faces the central shared parking fields like the other buildings in the center. The proposed project is adjacent to Home Depot and is consistent with the existing and anticipated commercial land uses.
Finding 4 – Adequate Access and Utilities: There is adequate access, traffic, public utility, and public service capacity for the proposed use and surrounding existing and anticipated uses.
Facts: The proposed use is located in an existing developed commercial shopping center with adequate access, parking and utilities, and is surrounded by other commercial uses.
Finding 5 – No Environmental Impacts: There are no potential, significant adverse environmental impacts that could not be feasibly mitigated and monitored.
Facts: The proposed use is located in a developed commercial center and will have no significant adverse environmental impacts that could not be feasibly mitigated and monitored. The business involves the sales and servicing of tires and wheels. The proposed use does not perform oil changes or conduct other mechanical repairs and thus would not have substantial amounts of hazardous chemicals on site. Replaced tires are removed from the site every week to reduce any ongoing hazards. In addition, the proposed business has been determined to be Categorically Exempt according to the California Environmental Quality Act (CEQA), Section 15303, “New Construction or Conversion of Small Structures,” which is a Class 3 Exemption consisting:
“of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this section are the maximum allowable on any legal parcel. Examples of this exemption include but are not limited to:… (c) A store, motel, office, restaurant or similar structure not involving the use of significant amounts of hazardous substances, and ... In urbanized areas, the exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive.” The appropriate language has been added to the draft resolution to incorporate this CEQA determination.
Design Review Permit
Prior to recommending approval of a design review permit, the City Council shall make the following findings supported with facts:
Finding 1 – Zoning and General Plan: The approval of the design review plan complies with all the pertinent provisions of the Zoning Ordinance and applicable zoning and land use regulations, including but not limited to the Hercules General Plan as amended.
Facts: The project is a retail-commercial use that is consistent with the General Plan and its implementing Zoning Ordinance. Site with General Plan Land Use designations and zoned for Community Commercial use are intended to accommodate commercial development including retail, office, and service use that serve residents and employees within the City. The proposed use requires the approval of a conditional use permit pursuant to the provisions of Chapter 13-50 of the Hercules Municipal Code. The project is part of a larger shopping center with shared parking. According to the 2007 analysis of citywide parking, Creekside Center has more than enough parking to meet projected demand even with the reduced amount of off-street parking.
Finding 2 – Public Health, Safety and General Welfare: The approval of the design review plan is in the best interests of the public health, safety, and general welfare.
Facts: The project is in the best interest of the public health, safety, and general welfare since it will provide an automotive-related business that is otherwise not available within Hercules but is needed in the community to help reduce the lengths of vehicle trips for tire-related services.
Finding 3 – Site characteristics provide desirable development environment: General site considerations, including site layout, open space and topography, orientation and location of buildings, vehicular access, circulation and parking, setbacks, height, walls, fences, public safety and similar elements have been designed to provide a desirable environment for the development.
Facts: The project is located within an existing developed commercial shopping center with adequate access, parking, and utilities. The project is consistent with adopted development standards that ensure that the project, as designed, will create a desirable environment.
Finding 4 – Architecture compatibility: General architectural considerations, including the character, scale, and quality of the design, the architectural relationship with the site and other buildings, building materials, colors, screening of exterior appurtenances, exterior lighting and signing, and similar elements have been incorporated in order to insure the compatibility of this development with its design concept and the character of adjacent buildings.
Facts: The design of the building is appropriate for the proposed use and has four-sided architecture where each elevation contains appropriate design elements. The building involves materials and colors that are either found in the shopping center or that are compatible with the other structures. Roof-mounted mechanical equipment will be screened by the proposed parapet walls.
Finding 5 – Landscape: General landscape considerations, including the location, type, size, color, texture and coverage of plant materials at the time of planting and after a 5-year growth period, provision for irrigation, maintenance and protection of landscaped areas and similar elements have been considered to insure visual relief, to complement buildings and structures, and to provide an attractive environment for the enjoyment of the public. The project is leaving the existing street landscaping in place and is providing appropriate landscaping on the project site that is consistent with the existing landscape materials adjacent to the site.
Facts: The project will increase the net amount landscaping on the project site by approximately 700 square feet. The replacement plants outside the bio-retention areas are similar to the plant materials found elsewhere in the center. The landscaping along the edge of Sycamore Avenue is not being altered.
Parking Exception
Prior to recommending approval of a parking exception for Home Depot, the City Council shall make the following finding supported with facts:
Finding 1 – Avoidance of Parking Problems: That the granting of the parking exception will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity of the project.
Facts: The 2007 assessment of parking citywide prepared by Carl Walker, Inc (Attachment 2) indicated that the Creekside Center had abundant available parking. The Creekside Center was labelled “Zone 8” in the parking assessment. Based upon the survey and analysis and using a conservative factor of 90% of the provide parking spaces (834 – 83 = 751), at peak periods, there were over 464 unoccupied “extra” parking spaces at Creekside Center. Using a more conservative utilization factor, the reduction in the amount of parking would still retain over 300 “extra” parking spaces from the Home Depot side of the Center and would avoid any parking problem.
PLANNING COMMISSION DISCUSSION
These applications were considered by the Planning Commission at its January 4, 2022, meeting. Following presentations by the staff and the applicant, and questions from the Commissioners, one member of the public addressed the Planning Commission. The commenter was opposed to the project because of land use compatibility, noise, and fire concerns. Following the public hearing, Commissioner Morrison made a motion, seconded by Commissioner Schaufenbil, to recommend that the City Council approve the entitlement applications subject to the conditions of approval, with the modification of Condition of Approval 49 to restrict storage of tires outside the building. The Planning Commission voted 3 in favor, none opposed, with Commissioners Galieva and Sacramento absent to recommend approval of the projects.
ATTACHMENTS
1. City Council Resolution
Exhibit A – Modified Conditions of Approval, Home Depot Exhibit A.1 – Home Depot Site Plan
Exhibit A.2 – Home Depot Lot Description
Exhibit B – Conditions of Approval, America’s Tire
Exhibit B.1 – America’s Tire Project Plans
Exhibit B.2 – America’s Tire Signage Plans
2. Carl Walker, Inc Parking Utilization Study
Staff Report for America’s Tire Page 4 of 9
City Council – January 25, 2022